Degrees of kindred are computed in the manner set forth in the table of kindred set out in Schedule I.
Illustrations:
(i) The person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the table, related in the fourth degree; there being one degree of ascent to the father, and another to the common ancestor, the grandfather; and from him one of descent to the uncle, and another to the cousin-german, making in all four degrees.
(ii) A grandson of the brother and a son of the uncle, i.e., a great-nephew and a cousin-german, are in equal degree, being each four degrees removed.
(iii) A grandson of a cousin-german is in the same degree as the grandson of a great-uncle, for they are both in the sixth degree of kindred.
Legal Commentary & Landmark Judgments: Section 28
Section 28 codifies the civil law method of computing degrees of kindred, counting upwards from the deceased to the common ancestor and then downwards to the claimant relative, with each step counting as one degree.
For lineal consanguinity, degrees are computed directly: parent to child is one degree, grandparent to grandchild is two degrees, and great-grandparent to great-grandchild is three degrees.
For collateral consanguinity, the computation requires a two-step journey: First, count upwards from the deceased to the nearest common ancestor, counting one degree for each generation; Second, count downwards from the common ancestor to the relative in question, counting one degree for each generation. The sum of these two counts represents the degree of relationship. For example, to compute relationship to a brother: from deceased up to father is 1 degree; from father down to brother is 1 degree; total = 2 degrees. For a nephew: deceased to father (1) + father to nephew (2) = 3 degrees. For a first cousin: deceased to grandfather (2) + grandfather to cousin (2) = 4 degrees.
Mastery of Section 28's counting technique is essential for probate and succession certificate proceedings. The fundamental rule in intestate succession under Section 48 is that those who are in the nearest degree of kindred take the entire estate to the total exclusion of remoter degrees. A relative in the 3rd degree (such as an uncle or nephew) completely excludes all relatives in the 4th degree (such as first cousins). Constructing an accurate family tree and applying Section 28 resolves competing inheritance claims definitively.