More On The Family Inheritance System Constituted Globally

By Donna Bell


Measures have been put in place to determine who inherits the properties of the deceased. This process is known as the family inheritance system. Property itself is also designated as inheritance. In the modern society, this process has been regulated by the law commonly known as law of succession.

Beneficiaries of this property also known as the heirs are indicated on the will written by the guardian. Spouses should not be left out of the will because the law does not allow. The spouse is automatically entitled to half the properties they acquired together while married. These can only be changed if they had written an agreement that contradicts this. States following the community property system is where you find these systems.

According to Islamic systems in some states, the sons inherit twice as much as daughters. Complete laws governing inheritance in Islam is a little bit complicated because it takes into account many kinship relations but in principle, male inherit twice as much as the female with some exceptions.

In Spain, it was typical that all children had a part of the inheritance but one child (who inherited the house and larger share of their land) inherited a third of the entire share. In Sweden, from the thirteen to nineteenth century, the sons would inherit twice as much as daughters.

Some Africans countries allows a spouse to get remarried in case of their husband dying. The spouse will inherit the property left behind by the husband. The spouse was required to share the property she acquired with the new husband. The spouse now has the rights to retain all the properties she inherited according to the new laws.

Children of the deceased should have the rights to be beneficiaries of property left behind by their parent. Before they did not have the rights of doing this in some societies apart from the few instances where the child was allowed to claim their share. The modern society allows children to benefit fully which is obligatory now and unlawful if not followed.

During the early days, most states allowed a husband to have many wives and we still have states that allow it till today. Before the man died, he would share his properties equally. In cases where you find the man died without dividing his properties equally and leaving, that is when you find family members fighting and taking each other to courts.

When it comes to inheriting, Men, women and girls should share the properties equally. Discrimination was common in most states and those affected were women and girls. Creation of new laws governing the line of succession have ensured there is gender equality when sharing out properties of the guardian. Civil laws now are supreme over customary laws.

Death cannot be predicted therefore as a family man you need to write a will early enough to try and prevent disputes that arise when one is dead. Government should also have clear laws constituted to manage such situations in a case where the deceased had no will.




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