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2016/03/02

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.

Deceased leaves behind a will. This is a document that states clearly who should benefit from the properties left behind. Most circumstances, the law states that the spouse is part of the will and cannot be excluded in this. States following community property system, the partners in a marriage are automatically entitled to half of the property they made while they were married unless they have a written agreement to refute this claim.

We have different types of inheritance systems. The Islamic laws allow the sons to inherit twice what the daughters inherit. There are a little bit of complications in laws governing the Islamic inheritance systems because they consider those related to your family but in principle, the male have to inherit twice of what the female get but 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.

Polygamy was earlier on common unlike today where its practiced in a few states. The man would share the lands and any other properties equally among the wives and children. We have heard cases where family members fight over the properties just because the man died without writing a will or sharing his wealth.

There should be equal rights of inheritance among men, women and girls. In the past, women and girls used to be discriminated by getting little or nothing of the properties being inherited. The laws governing these lines of succession ought to ensure that there is equality in the ranks between mothers and fathers, sisters and brothers, and more so on daughters and sons. Civil laws should be supreme over customary laws especially those that discriminate girls and women.

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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