Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative. In most contexts, it means the inheritance of the firstborn son ; it can also mean by the firstborn daughter.
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance.
Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil or religious marriage.
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time under common law, whereas the highest possible form of ownership is a "fee simple absolute," which is without limitations on the land's use.
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alienated by the tenant-in-possession, and instead causes it to pass automatically by operation of law to an heir determined by the settlement deed. The term fee tail is from Medieval Latin feodum talliatum, which means "cut(-short) fee" and is in contrast to "fee simple" where no such restriction exists and where the possessor has an absolute title in the property which he can bequeath or otherwise dispose of as he wishes. Equivalent legal concepts exist or formerly existed in many other European countries and elsewhere.
The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion, gender and sexual orientation. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is one of the contentious promises pursued by India's ruling Bharatiya Janata Party. It is an important issue regarding secularism in Indian politics and continues to remain disputed by India's political left wing, Muslim groups and other conservative religious groups and sects in defence of sharia and religious customs. Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. Meanwhile, article 25-28 of the Indian constitution guarantees religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
The legal rights of women refers to the social and human rights of women. One of the first women's rights declarations was the Declaration of Sentiments. The dependent position of women in early law is proved by the evidence of most ancient systems.
In the United Kingdom, Inheritance Tax is a transfer tax. It was introduced with effect from 18 March 1986, replacing Capital Transfer Tax.
A gift, in the law of property, is the voluntary and immediate transfer of property from one person to another without consideration. There are several type of gifts in property law, most notably inter vivos gifts which are made in the donor's lifetime and causa mortis (deathbed) gifts which are made in expectation of the donor's imminent death. Both types of gifts share three elements which must be met in order for the gift to be legally effective: donative intent, the delivery of the gift to the donee, and the acceptance of the gift. In addition to those elements, causa mortis gifts require that the donor must die of the impending peril that he or she had contemplated when making the gift.
Majorat is a French term for an arrangement giving the right of succession to a specific parcel of property associated with a title of nobility to a single heir, based on male primogeniture. A majorat (fideicommis) would be inherited by the oldest son, or if there was no son, the nearest relative. This law existed in some European countries and was designed to prevent the distribution of wealthy estates between many members of the family, thus weakening their position. Majorats were one of the factors easing the evolution of aristocracy. The term is not used of English inheritances, where the concept was actually the norm, in the form of entails or fee tails. Majorats were specifically regulated by French law. In France, it was a title of property, landed or funded, attached to a title instituted by Napoleon I and abolished 1848.
In the law of inheritance, wills and trusts, a disclaimer of interest is an attempt by a person to renounce their legal right to benefit from an inheritance or through a trust. "If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property."
Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride by agreement at the time of the wedding, or as provided by law.
In English law, heirs of the body is the principle that certain types of property pass to a descendant of the original holder, recipient or grantee according to a fixed order of kinship. Upon the death of the grantee, a designated inheritance such as a parcel of land, a peerage, or a monarchy, passes automatically to that living, legitimate, natural descendant of the grantee who is most senior in descent according to primogeniture, males being preferred, however, over their sisters regardless of relative age; and thereafter the property continues to pass to subsequent descendants of the grantee, according to the same formula, upon the death of each subsequent heir.
An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate of a person who has died.
The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. Parts of this Act was amended in December 2004 by the Hindu Succession (Amendment) Act, 2005.
The estate tax in the United States is a federal tax on the transfer of the estate of a person who dies. The tax applies to property that is transferred by will or, if the person has no will, according to state laws of intestacy. Other transfers that are subject to the tax can include those made through a trust and the payment of certain life insurance benefits or financial accounts. The estate tax is part of the federal unified gift and estate tax in the United States. The other part of the system, the gift tax, applies to transfers of property during a person's life.
The Hindu Widows' Remarriage Act 1856, also Act XV, 1856, passed on 16 July 1856, legalised the remarriage of widows in all jurisdictions of India under East India Company rule.The act was enacted on 26 July 1856. It was drafted by Lord Dalhousie and passed by Lord Canning before the Indian Rebellion of 1857. It was the first major social reform legislation after the abolition of sati pratha in 1829 by Lord William Bentinck.
The Hindu code bills were several laws passed in the 1950s that aimed to codify and reform Hindu personal law in India, abolishing religious law in favor of a common law code. Following India's independence in 1947, the Indian National Congress government led by Prime Minister Jawaharlal Nehru completed this codification and reform with the help of B. R. Ambedkar. This process was started during the British rule of India. According to the British policy of noninterference, personal-law reform should have arisen from a demand from the Hindu community. That was not the case, as there was significant opposition from various Hindu politicians, organisations and devotees; they saw themselves unjustly singled out as the sole religious community whose laws were to be reformed. However, the Nehru administration saw such codification as necessary to unify the Hindu community, which ideally would be a first step towards unifying the nation. They succeeded in passing four Hindu code bills in 1955–56: the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and Hindu Adoptions and Maintenance Act. They continue to be controversial to the present day among women, religious, and nationalist groups.
The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons may have in a deceased's estate. It forms part of private law.
The Custom of Paris was one of France's regional custumals of civil law. It was the law of the land in Paris and the surrounding region in the 16th–18th centuries and was applied to French overseas colonies, including New France. First written in 1507 and revised in 1580 and 1605, the Custom of Paris was a compilation and systematization of Renaissance-era customary law. Divided into 16 sections, it contained 362 articles concerning family and inheritance, property, and debt recovery. It was the main source of law in New France from the earliest settlement, but other provincial customs were sometimes invoked in the early period.
