Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

Carmen asked in Society & CultureRoyalty · 7 years ago

Edward VIII disrepancy clause in the Instrument of abdication. What would have happened in this hypothetical?

scenario?

According to the Act

(2) His Majesty, His issue, if any, and the descendants of that issue, shall not after His Majesty’s abdication have any right, title or interest in or to the succession to the Throne, and section one of the M1Act of Settlement shall be construed accordingly

(3)The M2Royal Marriages Act 1772 shall not apply to His Majesty after His abdication nor to the issue, if any, of His Majesty or the descendants of that issue.

So say for example he had had a son (let's call him George) and George had married his first cousin Elizabeth. According to this act, George and his descendants would not have "any right, title or interest in or to the succession to the Throne". Nor would they be bound by the Royal Marriages Act meaning their first child (Charles) could have married a Catholic called Sharon (a chav from a council Estate).

Update:

Disagreed with Ichiban - it does not say "unless they marry and sire legitimately". The Act categorically denies their right to the Throne whether or not they marry someone with a legitimate claim or not. The Act specifically barrs them from the succession - it doesn't matter who they marry.

6 Answers

Relevance
  • 7 years ago
    Favorite Answer

    Princess Margaret would become Queen after Elizabeth, since the latter's heirs could not succeed. The likelihood would be that the marriage would not be permitted and she would give up her place in the succession so it would pass to Margaret and thence Viscount Linley. Of course any law can be changed, so it would rather depend what George VI had to say about it.

  • 7 years ago

    Well the descendants of the hypothetical George and his cousin Elizabeth, daughter of George VI would still be included to the succession. Why? Because Elizabeth was legitimate. Their descendants claim would come from their mother. The instrument of abdication DID NOT make Edward VIII a non-royal but his future descendants would have (He did not have any descendants at all) He was still a royal and part of the royal family indeed. So say Edward VIII, now the Duke of Windsor, sired George Windsor. MAY that son of his be a legitimate or not, if he married Elizabeth legitimately and they had children who fit the requirements to succeed, they're in the line to the succession as descendants of a legitimate heir Elizabeth (presumptive or apparent). It happened in the past and it's frequent. A person marrying his or her close family member. Hypothetically, not unless the parliament agrees, declares, etc that any future descendants of Elizabeth with the hypothetical cousin of her, George, are not eligible to succeed, Elizabeth and George's children are legitimate.

    But also, JUST in my opinion, even if Edward VIII had a son, it's not likely that he and Elizabeth would go to the altar together apparently because the Abdication was scandalous much more if the son of the reason of the scandal marries the heiress to the throne, presumptive or apparent.

    You don't skip legitimate people from the line of succession unless they themselves relinguish their rights to the throne.

    Source(s): PhD. Graduated in Buckingham University 2011 master's degree holder. Balmoral State University 2013
  • Clo
    Lv 7
    7 years ago

    Edward's children could have never inherited the throne. Elizabeth would still have been heir to her father, George VI. The children of Elizabeth would still be bound to the laws. The point of the Act was to remove Edward VIII and any children he would have with Mrs. Simpson--any of his children with the non-royal, non-approved Simpson would not be royal or bound to the line of succession.

    If the hypothetical son had married Elizabeth--which would have never happened in real life because Edward was not on good terms with the rest of the royals and Elizabeth would have stayed away from any of such offspring-- Elizabeth was still heiress presumptive and the children would have been her children and Letters Patent would have been written just for them, their titles. The son of Edward would have received no titles because of the marriage, though.

  • ?
    Lv 6
    7 years ago

    The hypothetical George would not have succeeded to the throne, his wife, Elizabeth, would have.

  • How do you think about the answers? You can sign in to vote the answer.
  • ?
    Lv 7
    7 years ago

    Yes, the effect of the Abdication instrument was to make the Duke of Windsor "non-royal" and therefore none of the terms of the Royal Marriages Acts applied to him and any of his off-spring.

  • Anonymous
    7 years ago

    I would've happened

Still have questions? Get your answers by asking now.