Inheriting property

is possibly the  cause of more family arguments than anything other than the division of spoils in an acrimonious divorce. As a student I had more than one puzzling moment over this when I did the required subject in law school. Succession? Who gets what? Why? How?

Sometimes it seemed ridiculously unfair. I remember one case when the plaintiff got nothing just because he happened to be "outside the country" at the time. He was a permanent resident of the country but no, he was "outside" at the time of the death of the person whose property he might otherwise have inherited. 

It was that case I thought about when I read the report of the Chinese mother who is trying to get her son's estate. He was apparently born in China. He migrated here with his wife and two children. They became naturalised citizens of this country. They bought a house and he invested here and in China. His children go to school here.

He died without a will - died while on a business trip to China. The estate he left behind is now the subject of a legal battle. His mother is claiming that he never really intended to leave China permanently and that, under Chinese laws of succession, she should inherit his estate. Under our law it is his wife and children who would inherit. The court, it is said, now has to decide, whether our law or Chinese law should prevail. This is because of the claim that he always intended to return to China.

His mother has apparently already inherited quite a considerable amount. The question will therefore be one of intention. What is he likely to have intended? Did he really intend to remain here for the rest of his life or would he have eventually returned to China? Does the fact that he gave his mother some substantial gifts show that he intended to abide by the Chinese law of succession?  There are complex questions about jurisdiction and much more.

It is a case which could have serious consequences. The idea that the laws of succession in another country could be applied here, particularly the laws of a country like China - which has little regard for the actual rule of law, alarms me. Here the wife and children would normally inherit in a case of intestacy, particularly where the children are still minors. Most people would agree that this would be the right and proper state of affairs.

The Senior Cat has a will. I have a will. Brother Cat and Middle Cat have wills. The Black Cat has almost nothing to leave. I don't know if she has a will. I doubt it. If she was to win a major lottery I would suggest she make one - and distribute her estate according to her wishes. The rest of us know exactly what is in each other's will. It is so that there will be no arguments, no unpleasantness, when we die. 

People cannot be forced to make a will. Many people are superstitious about doing it. Some people think it doesn't matter because "X....will get it anyway". They are not always right about that. It always leaves the door open for trouble.