Your Honour, the case of the transfer of inheritance is presented to your attention. The case of the plaintiff’s property was divided into equal shares between the plaintiff and his brothers, which was bequeathed to the wife of the plaintiff’s father, despite the existence of assertions that the property should be transferred to other heirs, due to the available evidence, should be decided.
According to the law, upon the death of the owner, relatives are given the right to inherit without a will. This method of entering into inheritance is called the principle of kinship. However, everything can be changed if there is a will and relatives who were expecting to receive it may be left without property. This happened in the case under investigation, which led the plaintiff to court.
Nandoshvili, E. (2021) ‘Obligatory share and entitled entities: An obligatory share during testamentary inheritance’, European Scientific Journal, 17(6).
This source is valuable for the course of the case, as it considers the results of the study of regulations and practices. Nandoshvili (2021, p.1) claims that “the proper redistribution of inherited property is directly related to the protection of property and inheritance rights”. The main purpose of the article is the correct definition of the essence of the mandatory share of the inheritance, as well as the subjects entitled to this share. In addition, the article presents the weaknesses of the issue of inheritance of property and recommendations for modernization.
The article notes that the importance of studying the norms of inheritance of property is provided for by a strict distinction between these norms, non-compliance with which may lead to incorrect qualification of disputes directly related to the mandatory share. Thus, the incorrect designation of the subjects entitled to a share can provoke a violation of the rights of the testator heir (Nandoshvili, 2021, p. 6). In conclusion, the author emphasizes that according to the legislative system of some countries, the spouse may not be considered an heir.
Farooq, M. U., & Ali, M. (2021) ‘Family, business and inheritance issues: In the context of Islamic Shariah solution’, Ilkogretim Online, 20(4), pp. 2015-2020.
This article also deals with the issue of inheritance of business and property by family members. It is relevant to the case under study since the case considers the transfer of the Greenacre property to the heirs and the new wife of the deceased father of the plaintiff. The study aims to deduce the factors that affect the family business and the problems with inheritance resulting from it. The difficulty lies in the fact that in a legal case under study, the sons and wife of the owner of the farm are the heirs of the first line and have every right to transfer property to them (Farooq, 2021, p. 2016). However, the farm is not a property acquired during the owner’s marriage with the second spouse, and there is written evidence that everything should have passed to the sons. Despite the fact that the article focuses on inheritance rights in Muslim society, it can be useful since solutions to problems caused by this legal problem can serve as the basis for the case under study.
Önnerfors, E. T. (2017) ‘New legal conflicts in an old legal context: the law of inheritance and its challenges in the twenty-first century in the perspective of the ageing individual’, Elder Law, pp. 29-51.
Inheritance law is one of the most difficult sections of civil law to regulate. There may be cases that are not included in the general set of inheritance rules and cause additional questions. The study pays special attention to legal discussions and problems of inheritance of surviving spouses. In addition, the author discusses the topic of “the legal status of forced inheritance” and compares it with the freedom of probate (Önnerfors, 2017, p. 29). It is believed that today the priority method of inheritance of property is a will. It makes it possible to realize the interests of an individual in relation to the distribution of his property even after death. However, in the case under investigation, there is evidence that the plaintiff and his brothers should have received the farm in full in their own right.
Moreover, they already had Greenacre in the trust management of the plaintiff’s father and his brothers in equal shares. Despite this, the new wife of the deceased owner received all the property under the will. It is also worth noting that the way inheritance occurs, by law or by will, it is necessary to ensure the transfer of the testator’s property to take into account such aspects as justice, the interests of the parties, and compliance with the will of the deceased. The article is important because it considers such topics as family and inheritance law, discusses various types of inheritance and international law on it.
Kagotho, N., Salim, N. N., Patak‐Pietrafesa, M., & Kyriakakis, S. (2021) ‘Inheriting the family farm: Generational wealth transfers in rural Kenya’, Development Policy Review, 39, pp. 42-60.
This article is valuable since it considers not only the problem of inheritance of property within the family but also focuses on the participation of women in this process. Thus, the female sex was identified as the most vulnerable link in this procedure. The research also showed that quantitative data proved women’s displacement from “capital-intensive asset transfers” (Kagotho et al., 2021, p.53). Since the deceased made a will, as in the case under consideration, the property will be legally transferred to the spouse. However, the new wife of the plaintiff’s father remains at a disadvantage since her right to full inheritance of the property remains questionable for all parties involved.
The difficulty is that if the spouse inherits all the farms, the sons of the deceased remain without inheritance. In connection to the studied case, Kagotho et al. (2021, p. 49) emphasize that “it is a parent’s responsibility to pass on wealth to their children as both a cultural and financial connection to their ancestors”. To avoid conflicts, the authors suggest resorting to preliminary planning and family discussions. If all family members know in advance about the fate of the inherited property, then the conflict can be avoided. However, it is possible that in the decision-making process, despite the oral and written evidence of the plaintiff’s mother and the family lawyer, the distribution of the hereditary farm seemed more reasonable to the deceased father if it was transferred to his wife at that time.
Thus, summing up, we can say that of all the legal and legal aspects that people face in life, the problems of inheritance of property are one of the most emotional and complex. This is due to the fact that they are associated with the loss of loved ones and can cause family conflicts and lawsuits that arise due to a sense of injustice. Thus, in the case being decided, the plaintiff wants to appeal the decision of the deceased father to transfer the inheritance to his wife. There is strong proof of the legality of this transfer of property since a will was written. However, the plaintiff offers written and oral evidence, which makes it necessary to send this case to the court for a decision.
Reference List
Farooq, M. U., & Ali, M. (2021) ‘Family, business and inheritance issues: In the context of Islamic Shariah solution’, Ilkogretim Online, 20(4), pp. 2015-2020. Web.
Kagotho, N., Salim, N. N., Patak‐Pietrafesa, M., & Kyriakakis, S. (2021) ‘Inheriting the family farm: Generational wealth transfers in rural Kenya’, Development Policy Review, 39, pp. 42-60.
Nandoshvili, E. (2021) ‘Obligatory share and entitled entities: An obligatory share during testamentary inheritance’, European Scientific Journal, 17(6).
Önnerfors, E. T. (2017) ‘New legal conflicts in an old legal context: the law of inheritance and its challenges in the twenty-first century in the perspective of the ageing individual’, Elder Law, pp. 29-51. Web.