The Family Inheritance System In Our Society

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.

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.

Systems in African countries had their own specials ways of inheritance. Spouses who got remarried in some countries would have to share their properties with the new husbands. According to the new systems, the spouse retains all the rights of ownership for all the properties she inherited.

Modern society has the obligation of allowing children of the deceased to get their rightful share from the properties left behind by their parents. Some societies do not allow children to inherit from their parents apart from the few circumstances where the child is allowed to claim a share.

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.

Family members kill their brothers and sister so as they can retain the properties left behind by the deceased. Some families take each other to courts so as they can try to solve the matter legally. As a family man, its recommended that you write a will as early as possible to avoid disputes just in case you are gone. The government is also stepping in and creating laws that govern the systems of inheritance.




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