Inheritance
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2008-06-21T17:43:18Z
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[[Image:William Hogarth - A Rake's Progress - Plate 1 - The Young Heir Takes Possession Of The Miser's Effects.jpg|right|thumb|[[William Hogarth]]'s plate 1 from ''[[A Rake's Progress]]'', "The Young Heir Takes Possession Of The Miser's Effects" as his inheritance.]]
{{Unreferenced|date=December 2007}}
{{otheruses6|Inheritance (disambiguation)|The Inheritance (disambiguation)}}
: ''"Heir" and "Heiress" redirect here. For the men and women fragrances endorsed by Paris Hilton, see [[Heiress (fragrance)]]. For the record label, see [[Heiress Records]].''
'''Inheritance''' is the practice of passing on [[property]], [[Title (property)|title]]s, [[debt]]s, and [[obligation]]s upon the [[death]] of an individual. It has long played an extremely important role in human societies.
==Anthropology, sociology and law==
Both [[anthropology]] and [[sociology]] have made detailed studies in this area. Many cultures feature [[patrilineal]] succession, also known as [[gavelkind]], where only male children can inherit. Some cultures also employ [[matrilineal]] succession only passing property along the female line. Other practices include [[primogeniture]], under which all property goes to the eldest child, or often the eldest son, or [[ultimogeniture]], in which everything is left to the youngest child. Some ancient societies and most modern states employ [[partible inheritance]], under which every child inherits (usually equally). Historically, there were also mixed systems:
* In eastern Swedish culture, from the 13th century until the 19th century, sons inherited twice as much as daughters. This rule was introduced by the Regent [[Birger Jarl]], and it was regarded as an improvement in its era, since daughters were previously usually left without.
* Among ancient [[Israelite]]s, the eldest son received twice as much as the other sons.
* Among [[Galicia (Spain)|Galician]] people it was typical that all children (both men and women) had a part of the inheritance, but one son (the one who inherited the house) inherited one-third of all the inheritance. This son was called the ''mellorado''. In some villages the ''mellorado'' even received two-thirds of all the inheritance. This two-thirds would be all the family's lands, while other children received their part in money.
*According to [[Islamic inheritance jurisprudence]], sons inherit twice as much as daughters when no [[Will (law) |will]] is left. The complete laws governing inheritance in Islam are complicated and take into account many kinship relations (so wills are usually recommended), but in principle males inherit twice as females. There is one interesting exception: The [[Indonesia]]n [[Minangkabau]] people from West part of [[Sumatra]] island despite being strong Muslims employ only complete [[matrilineal]] succession with property and land passing down from mother to daughter. They find no contradiction between their culture and faith.{{Fact|date=February 2008}}
Employing differing forms of succession can affect many areas of society. Gender roles are profoundly affected by inheritance laws and traditions. [[Primogeniture]] has the effect of keeping large estates united and thus perpetuating an elite. With partible inheritance large estates are slowly divided among many descendants and great wealth is thus diluted, leaving higher opportunities to individuals to make a success. (If great wealth is not diluted, the positions in society tend to be much more fixed and opportunities to make an individual success are lower.)
Inheritance can be organized in a way that its use is restricted by the desires of someone (usually of the [[wiktionary:decedent|decedent]]<ref>A ''decedent'' is a person who has died. The term ''decedent'' should not be confused with the term ''descendant''.</ref>). An inheritance may have been organized as a [[wiktionary:fideicommissum|fideicommissum]], which usually cannot be sold or diminished, only its profits are disposable. A fideicommissum's succession can also be ordered in a way that determines it long (or eternally) also with regard to persons born long after the original descendant. [[Royal succession]] has typically been more or less a fideicommissum, the realm not (easily) to be sold and the rules of succession not to be (easily) altered by a holder (a monarch).
In more [[history|archaic]] days, the possession of inherited [[land (economics)|land]] has been much more like a family [[trust law|trust]] than a property of an individual. Even in recent years, the sale of the whole of or a significant portion of a farm in many European countries required consent from certain heirs, and/or heirs had the intervening right to obtain the land in question with same sales conditions as in the sales agreement in question.
In [[common law]] jurisdictions an ''heir'' is a person who is entitled to receive a share of the decedent's property via the rules of inheritance in the [[jurisdiction]] where the decedent died or owned property at the time of his death. Strictly speaking, one becomes an heir only upon the death of the decedent. It is improper to speak of the "heir" of a living person, since the exact identity of the persons entitled to inherit are not determined until the time of death. In a case where an individual has such a position that only her/his own death before that of the decedent would prevent the individual from becoming an heir, the individual is called an [[heir apparent]]. There is a further concept of jointly inheriting, pending renunciation by all but one, which is called [[Co-parceners|coparceny]].
In modern legal use, the terms ''inheritance'' and ''heir'' refer only to succession of property from a decedent who has died [[Intestacy |intestate]] (that is, without a will). It is a common mistake to refer to the recipients of property through a will as ''heirs'' when they are properly called ''devisees'' or ''legatees''.
==Taxation==
Many states have [[inheritance tax]]es or [[death duty|death duties]], under which a portion of any estate goes to the [[government]].
==Notes==
{{reflist}}
==See also==
*[[Succession order]]
*[[Inheritance Tax (United Kingdom)]]
*[http://www.usatoday.com/money/2006-07-25-heirs-usat_x.htm USA Today article on dilemma the rich face when leaving wealth to children]
*[[Beneficiary]]
[[Category:Inheritance]]
[[Category:Wills and trusts]]
[[Category:Scots law legal phrases]]
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