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Partible inheritance, sometimes also called partitive, is a system of inheritance in which property is apportioned among heirs. It contrasts in particular with primogeniture, which was common in feudal society and requires that the whole or most of the inheritance passes to the eldest son, and with agnatic seniority, which requires the succession to pass to next senior male.
Partible inheritance systems are common ones to be found in legal systems based on both common law and the Napoleonic Code. In the latter case, there may be a further requirement implying division according to a scheme, such as equal shares for legitimate children.
Partible inheritance has been common in ancient Celtic and Germanic tribal societies, an example of the latter pattern is the so-called Salic patrimony. Historically speaking, non-partible inheritance has been associated with monarchies and the wish for landed estates to be kept together as units. In the Middle Ages, the partible inheritance systems, for example of the Merovingian dynasty, the Carolingian Empire, and the Kievan Rus, had the effect of dividing kingdoms into princely states, and are often thought to be responsible for their gradual decline in power.
Partible inheritance was the generally-accepted form of inheritance adopted in New England in the 18th century. The southern colonies adopted a system of male primogeniture in cases of intestacy, and the northern colonies adopted a system of partible inheritance in cases of intestacy, with the eldest son receiving a double portion of the estate. In practice, a strong bequest motive in the colonies adopting multigeniture reduced the variability in demographic experiences across colonies with different inheritance systems. [1] [2]
Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England. The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant, rather than the actual land deed itself. The legal owner of the manor land remained the mesne lord, who was legally the copyholder, according to the titles and customs written down in the manorial roll. In return for being given land, a copyhold tenant was required to carry out specific manorial duties or services. The specific rights and duties of copyhold tenants varied greatly from one manor to another and many were established by custom. By the 19th century, many customary duties had been replaced with the payment of rent.
The Salic law, also called the Salian law, was the ancient Frankish civil law code compiled around AD 500 by Clovis, the first Frankish King. The written text is in Late Latin, and contains some of the earliest known instances of Old Dutch. It remained the basis of Frankish law throughout the early Medieval period, and influenced future European legal systems. The best-known tenet of the old law is the principle of exclusion of women from inheritance of thrones, fiefs, and other property. The Salic laws were arbitrated by a committee appointed and empowered by the King of the Franks. Dozens of manuscripts dating from the sixth to eighth centuries and three emendations as late as the ninth century have survived.
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, or firstborn child.
Intestacy is the condition of the estate of a person who dies without a legally valid will, resulting in the distribution of their estate under statutory intestacy laws rather than by their expressed wishes. 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, which vary by jurisdiction, refers to the body of law, establish a hierarchy for inheritance, typically prioritizing close relatives such as spouses, children, and then extended family members and determines who is entitled to the property from the estate under the rules of inheritance.
In English common law, fee tail or entail, is a form of trust, established by deed or settlement, that restricts the sale or inheritance of an estate in real property and prevents that 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 terms fee tail and tailzie are from Medieval Latin feodum talliatum, which means "cut(-short) fee". Fee tail deeds are in contrast to "fee simple" deeds, possessors of which have an unrestricted title to the property, and are empowered to bequeath or dispose of it as they wish. Equivalent legal concepts exist or formerly existed in many other European countries and elsewhere; in Scots law tailzie was codified in the Entail Act 1685.
Gavelkind was a system of land tenure chiefly associated with the Celtic law in Ireland and Wales and with the legal traditions of the English county of Kent.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
An Act to prevent the further Growth of Popery was an Act of the Parliament of Ireland that was passed in 1704 designed to suppress Roman Catholicism in Ireland ("Popery"). William Edward Hartpole Lecky called it the most notorious of the Irish Penal Laws.
Matrilineal succession is a form of hereditary succession or other inheritance through which the subject's female relatives are traced back in a matrilineal line.
Ultimogeniture, also known as postremogeniture or junior right, is the tradition of inheritance by the last-born of a privileged position in a parent's wealth or office. The tradition has been far rarer historically than primogeniture or partible inheritance.
Hereditary titles, in a general sense, are nobility titles, positions or styles that are hereditary and thus tend or are bound to remain in particular families.
Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate is to be disposed and which tends to guarantee an inheritance for family of the deceased.
An order, line or right of succession is the line of individuals necessitated to hold a high office when it becomes vacated, such as head of state or an honour such as a title of nobility. This sequence may be regulated through descent or by statute.
In property law, alienation is the voluntary act of an owner of some property to dispose of the property, while alienability, or being alienable, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another. Most property is alienable, but some may be subject to restraints on alienation.
Under Brehon law, gavelkind, a form of partible inheritance, was the system of land inheritance. The Normans called the Irish inheritance law the name gavelkind because of its apparent similarity to Jute inheritance in Kent.
A secundogeniture was a dependent territory given to a younger son of a princely house and his descendants, creating a cadet branch. This was a special form of inheritance in which the second and younger son received more possessions and prestige than the apanage which was usual in principalities practising primogeniture. It avoided the generational division of the estate to the extent that occurred under gavelkind, and at the same time gave younger branches a stake in the stability of the house.
Historical inheritance systems are different systems of inheritance among various people.
Detailed anthropological and sociological studies have been made about customs of patrilineal inheritance, where only male children can inherit. Some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent; but also, in some societies, from the mother to her daughters. Some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and/or birth order.
Intestate succession in South African law takes place whenever the deceased leaves property which has not been disposed of by valid testamentary instrument. In other words, the law of intestate succession applies only:
Inheritance law in ancient Rome was the Roman law that governed the inheritance of property. This law was governed by the civil law of the Twelve Tables and the laws passed by the Roman assemblies, which tended to be very strict, and law of the praetor, which was often more flexible. The resulting system was extremely complicated and was one of the central concerns of the whole legal system. Discussion of the laws of inheritance take up eleven of the fifty books in the Digest. 60-70% of all Roman litigation was concerned with inheritance.