Who Follows?

[Monika]

If Prince Charles dies before Queen Elizabeth (whilst still reigning) who will become her successor?

I am currently in argument with someone who maintains that it would be Andrew and I say that it will be William.

Who is right?

[Ken4155]

William

[kvalidir]

William.

[ubasses]

Prince Andrew is Number 7 in line after Charles, William, George, Charlotte, Louis and Harry.

[douglas9401]

Silver lining, right there.

[Buenchico]

The first 17 people in line to the throne are listed on the Royal Family's website:
https://www.royal.uk/succession

They ought to know!

[jno]

that's interesting, Chris, I thought the changes to the act meant women now preceded younger brothers; but I guess it wasn't retrospective, as Anne is still behind the grand old Duke of York and the less grand Earl of Wessex.

[Monika]

I know all of this but this man will not have it and insists that it will be Andrew. This is what he replied to my insistence about it:
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The monarch must be succeeded by the eldest son, where such exists.

William can only succeed his father as monarch. If Charles dies before the Queen William drops out of the queue, and Andrew becomes heir.

Charles is Heir Apparent, but William is only Heir Presumptive.

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Are there any legal eagles on here who can categorically tell him that he is talking tripe?

[Buenchico]

From my link, Jno:
"The Act applies to those born after 28 October 2011"

[jno]

quite so, Chris, one may prevent future injustices but one should not do anything about present ones.

Monika, William drops out of the queue, but William's son is next in line. If he should also die before the queen, but leave a child, that child is the next one.

[Buenchico]

Monika:
Under the provisions of the Bill of Rights 1688, the Crown passes "to the Heires of the Body of her Majestie", meaning that the inheritance always passes 'downwards', rather than 'sideways', wherever it's possible to do so.

http://www.legislation.gov.uk/aep/WillandMarSess2/1/2

[Old_Geezer]

With any luck the opportunity will be taken to get rid of that anachronistic part of our system and no one follows.

[New Judge]

"Charles is Heir Apparent, but William is only Heir Presumptive. "

That is an incorrect statement. There can only ever be one heir to the throne at any one time and so long as both the Queen and Charles are alive William is not heir to the throne. He is second in line to the throne - not the same thing at all.

Hence Charles is the current heir. Whether the current heir is "apparent" or "presumptive" depends solely on whether he or she can be relegated down the pecking order by new births. An heir apparent cannot be so relegated (so Charles is heir apparent). An heir presumptive can lose his or her place as heir by other births.

The current Queen was not Heir Apparent but Heir Presumptive. If her father George VI had fathered a male child after her birth she would have lost her place as Heir. If the Queen had ascended to the Throne before she had children her sister Princess Margaret would have been Heir Presumptive. She would have been immediately displaced upon the birth of the Queen's first child. Had that child been female she, too, would have become the Heir Presumptive. (The law of primogeniture that prevailed at the time meant that male heirs trump female heirs). So it would have been the Queen's first male child who became the Heir Apparent.

[Monika]

Thank you everyone for your answers and, in particular, New Judge.

[BagPussAA]

It will be William, and if he dies then it will be George