As we see more and more metropolitan city and countries popping up in the map, it has become vital to customize individual or community (minority) needs. Law of Succession is one of such issues which requires customization, and as it has not been addressed, resulting communities not accepting court degree as it is not in accordance with their faith and tradition. Here we will discuss some of the scenario in the West and in the East about how they dealt with the Law of Succession.
Before we discuss comparative analysis, it is important to emphasis that, those who have ownership of any land, material, royalty, insurance, etc. must prepare a ‘Will' about who will be the rightful owner of these properties after his death, this will solve much of the clashes within the families and communities and will save valuable time of court and county.
Succession Law in US / Caanda
In US, the Law of Succession or Intestacy Law differs from state to state as in Canada which differs from province to province. The Intestacy Law has somewhat standard which gives priority to spouse, then siblings and then parents and relatives and if the person who passed away has no relative then the wealth goes to the Government.
Succession Law in England / Europe
In early days Europe use to have more influence by Roman Law which referred to Holy Books for rightful succession perhaps, these days modern law or civil law is applicable to judge the rightful owners of the wealth.
Middle East
In Middle East the Law of Succession is based on Quran (Holy Book of Islam) / Sharia which has somewhat similar stanza over property distribution what we have in Civil Law, except few diligence which gives privilege to daughter over son in distribution, there is also implicit responsibility on Government to take care of widow and orphan.
Africa
Africa has blend of ethnical group and have solid influence over law and so one could find various law for various ethnical. There is a standard law then law for Muslims, Hindus and other communities and implementation is done as per their religious books and amended as and when is asked by the central authority, for example; in case of Muslim, the Mufti can establish Fatwa to interpreted the succession law.
Asian / Asean Law
Besides country like India, Bangladesh, Brunei, Thailand and SriLanka where there are laws customized for minorities and there is no standard law for the entire nation as each minorities or majorities has requirements to distribute the estate according to their belief or religion. Countries like Singapore, China and Japan has standard Intestacy Law which is revised regularly and in most of the countries revision was made as late as 1990s and the law is published on the internet by the Ministry of Law or relevant department, what is further educated is although the law exist but the best recommendation is to have the Will made before the death so that the families can get their share without waiting for Court Decision and spending bills on Judiciary Services.
Before we discuss comparative analysis, it is important to emphasis that, those who have ownership of any land, material, royalty, insurance, etc. must prepare a ‘Will' about who will be the rightful owner of these properties after his death, this will solve much of the clashes within the families and communities and will save valuable time of court and county.
Succession Law in US / Caanda
In US, the Law of Succession or Intestacy Law differs from state to state as in Canada which differs from province to province. The Intestacy Law has somewhat standard which gives priority to spouse, then siblings and then parents and relatives and if the person who passed away has no relative then the wealth goes to the Government.
Succession Law in England / Europe
In early days Europe use to have more influence by Roman Law which referred to Holy Books for rightful succession perhaps, these days modern law or civil law is applicable to judge the rightful owners of the wealth.
Middle East
In Middle East the Law of Succession is based on Quran (Holy Book of Islam) / Sharia which has somewhat similar stanza over property distribution what we have in Civil Law, except few diligence which gives privilege to daughter over son in distribution, there is also implicit responsibility on Government to take care of widow and orphan.
Africa
Africa has blend of ethnical group and have solid influence over law and so one could find various law for various ethnical. There is a standard law then law for Muslims, Hindus and other communities and implementation is done as per their religious books and amended as and when is asked by the central authority, for example; in case of Muslim, the Mufti can establish Fatwa to interpreted the succession law.
Asian / Asean Law
Besides country like India, Bangladesh, Brunei, Thailand and SriLanka where there are laws customized for minorities and there is no standard law for the entire nation as each minorities or majorities has requirements to distribute the estate according to their belief or religion. Countries like Singapore, China and Japan has standard Intestacy Law which is revised regularly and in most of the countries revision was made as late as 1990s and the law is published on the internet by the Ministry of Law or relevant department, what is further educated is although the law exist but the best recommendation is to have the Will made before the death so that the families can get their share without waiting for Court Decision and spending bills on Judiciary Services.