Thursday 28 January 2016

The Family Inheritance System In Our Society

By Donna Bell


Guidelines have been put in place to ensure the intended heir or heirs of properties left behind by the deceased are shared as stated in a process referred to as family inheritance system. Inheritance also can also indicate property itself. Law of succession in modern society regulates this process.

In most cases the deceased leaves behind a will. A will states down the beneficiaries of all the properties from the deceased. The law does not allow the husband to leave the spouse out of a will in most cases. Spouses will own half of the property they acquired while married unless they had agreed to refute this right by getting into a contract. This only happens in states that follow community property system.

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.

Typically all children would have to participate in the succession in Spain, but one child (the one who inherited the house and larger share of land) took a third of the share. During the thirteenth to nineteenth century; in Sweden, sons would inherit twice as much as what the daughter would inherit, common to that of the Islamic customs.

Among most African countries, when a spouse got remarried, they would have to share the property they inherited from their deceased husbands with the new husband. Laws have been put in place to ensure that in such situations the spouse retains the full rights in any property she inherited.

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.

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.

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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