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    Royal Family News
    King Charles III By Robert Marquez

    The possibility of abdication by Charles III: what does British law say about the incapacity of the monarch?

    29 February, 2024
    Abdication of King Charles III
    King Charles III. (Agency)

    Charles III’s recent diagnosis of cancer has put the spotlight on his health and the possibility that should it worsen, he would have to consider abdication.

    While this option has historically been unpopular in the UK, it is worth looking at what exactly the legislation says about it.

    Is there a real possibility of Charles III abdicating for health reasons? What would then happen to the future of the Crown?

    We review the current regulations on the incapacity of the monarch and the process that would be followed to replace him on the throne.

    Abdication of King Charles III: what does British law say?
    Abdication of King Charles III: what does British law say? (Agency)

    Abdication of King Charles III

    The announcement from Buckingham of King Charles III’s prostate cancer has understandably sparked speculation that the 74-year-old monarch could in the future be forced to abdicate should his health condition prevent him from fulfilling his duties.

    Although abdications do not have a good press in British history -the last one was the controversial abdication of Edward VIII in 1936 to marry the divorced Wallis Simpson-, in other European monarchies they have occurred in recent years for health reasons without major traumas.

    The most recent case, that of Queen Margrethe of Denmark, is a good example of a peaceful transition after abdication.

    In the United Kingdom, the possibility of the incapacity of the monarch is provided for in legislation, specifically in the Regency Act of 1937.

    According to this Act, a Council of State would be appointed, composed of certain members of the Royal Family, which would temporarily assume the functions of the King in the event of illness or inability to reign.

    The current potential Councilors of State would be Queen Consort Camilla, Prince William, Prince Andrew, Prince Harry, and Princess Beatrice of York.

    However, with Andrew and Harry removed from the Firm, in practice only Camilla, William, Princess Anne, and Prince Edward would be able to serve.

    King Charles III
    Charles III was recently diagnosed with cancer. (RoyalFamily)

    Since William was the direct heir as the eldest son of Charles III, much of the responsibility would fall on him in the event of having to temporarily assume the royal functions.

    However, if the incapacity of King Charles was irreversible or permanent, then the step of formally abdicating would proceed so that his son William could succeed him on the throne.

    Everything points to the fact that, if that is the case, the prince is more than ready to become king at the age of 40 and with the support of his wife Kate Middleton.

    His more than likely ascension to the throne would undoubtedly help to continue the period of renewal and modernization of the monarchy initiated by Elizabeth II in recent years.

    Thus, despite the delicate diagnosis of Charles III, the future of the British Crown seems to be assured both by the existing legislation and by having a consolidated heir ready to reign.

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