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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. In forced heirship, the estate of a deceased ( de cujus ) is separated into two portions.
The gift would instead revert to the residuary estate or be granted under the law of intestate succession. If the deceased beneficiary was intended to inherit part or all of the residuary estate, then that portion of the estate would pass by intestate succession, as though the testator had left no will. This rule is referred to as the doctrine ...
Kenna Partners, typically shortened to Kenna is one of Nigeria's leading law firms headquartered in Lagos, with offices in Abuja and Enugu.The firm is known for its work in dispute resolution and specialized transactions in energy, telecommunications, and financial services.
Although the Wills Act does not directly provide for holographic wills, the Law of Succession Amendment Act 43 of 1992 allows a court to waive any formal requirements if the court is satisfied the testator intended for a document to serve as their last will and testament. [8]
Administrator – person appointed or who petitions to administer an estate in an intestate succession. The antiquated English term of administratrix was used to refer to a female administrator but is generally no longer in standard legal usage. Apertura tabularum – in ancient law books, signifies the breaking open of a last will and testament.
Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift.
It is historically associated with English common law, and contrasted with forced heirship, where part or all of the estate is automatically inherited by the next of kin. Opponents of absolute freedom of testation have pointed to the possibility of a widow or orphan being left destitute while property of a spouse or parent is bequeathed to others.
Roman law didn't recognise primogeniture, but in practice Romans favored the eldest son. [122] In Ancient Persia, succession to the family headship was determined by patrilineal primogeniture. [123] Among Celtic and Germanic peoples, the predominant custom during ancient times seems to have been to divide the land in equal parts for each of the ...