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85-588: Salic law provided written codification of both civil law, such as the statutes governing inheritance , and criminal law , such as the punishment for murder . Although it was originally intended as the law of the Franks, it has had a formative influence on the tradition of statute law that extended to modern history in much of Europe, especially in the German states and Austria-Hungary in Central Europe ,

170-415: A testator via will , as attested by a notary or by other lawful means. In law, an "heir" ( FEM: heiress) is a person who is entitled to receive a share of property from a decedent (a person who died), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. The inheritance may be either under

255-554: A Greco-Roman model to a Judeo-Christian pattern, based on Biblical and traditional Judeo-Christian principles. The transformation was essentially complete in the Middle Ages, although in English-speaking countries there was additional development under the influence of Protestantism . Even when Europe became secularized and Christianity faded into the background, the legal foundation Christendom had laid remained. Only in

340-696: A civil, quiet, laborious drudge, came to take his orders for dinner, but declined to make answer on the subject of the horse and guide; for the Salique Law, it seems, extended to the stables of the Golden Candlestick. Inheritance Inheritance is the practice of receiving private property , titles , debts , entitlements, privileges , rights , and obligations upon the death of an individual . The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by

425-520: A daughter inherits land, she must marry someone within her father's tribe. (The daughters of Zelophehad marry the sons' of their father's brothers. There is no indication that this was not their choice.) The laws of Jewish inheritance are discussed in the Talmud , in the Mishneh Torah and by Saadiah ben Joseph among other sources. All these sources agree that the firstborn son is entitled to

510-442: A double portion of his father's estate. This means that, for example, if a father left five sons, the firstborn receives a third of the estate and each of the other four receives a sixth. If he left nine sons, the firstborn receives a fifth and each of the other eight receive a tenth. If the eldest surviving son is not the firstborn son, he is not entitled to the double portion. Philo of Alexandria and Josephus also comment on

595-495: A home than those who do not regardless of the size of the inheritance. Often, racial or religious minorities and individuals from socially disadvantaged backgrounds receive less inheritance and wealth. As a result, mixed races might be excluded in inheritance privilege and are more likely to rent homes or live in poorer neighborhoods, as well as achieve lower educational attainment compared with whites in America. Individuals with

680-581: A job, and purchasing a home. The third form of inheritance is the transfers of bulk estates at the time of death of the testators, thus resulting in significant economic advantage accruing to children during their adult years. The origin of the stability of inequalities is material (personal possessions one is able to obtain) and is also cultural, rooted either in varying child-rearing practices that are geared to socialization according to social class and economic position. Child-rearing practices among those who inherit wealth may center around favoring some groups at

765-648: A land title to pass (by marriage) "to a female's husband". Women rulers were anathema in the German states well into the modern era. In a similar way, the thrones of the Kingdom of the Netherlands and the Grand Duchy of Luxembourg were separated in 1890, with the succession of Princess Wilhelmina as the first Queen regnant of the Netherlands. As a remnant of Salic law, the office of the reigning monarch of

850-825: A person cannot be legally disinherited (such as the United States state of Louisiana , which allows disinheritance only under specifically enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will (an example is that of the will of comedian Jerry Lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife). Inheritance has been compared to nepotism . Detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. Some cultures also employ matrilineal succession, where property can only pass along

935-695: A portion of any inheritance or estate becomes government revenue . Lex Ripuaria The Lex Ripuaria , also spelled Lex Ribuaria , is a 7th-century collection of Germanic law , the laws of the Ripuarian Franks . It is a major influence on the Lex Saxonum of AD 802. The Lex Ripuaria originated about 630 around Cologne and has been described as a later development of the Frankish laws known from Lex Salica . The 35 surviving manuscripts , as well as those now lost which served as

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1020-473: A previous will, or would otherwise be expected to inherit, is termed "disinheritance". A person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. Members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim; otherwise, they are heirs presumptive . There

1105-530: A principle that remains in force to this day. The Salic law, at the time, was not yet invoked; the arguments put forward in favor of Philip V relied only on the degree of proximity of Philip V with Louis X. Philip had the support of the nobility and had the resources for his ambitions. Philip won over the Duke of Burgundy by giving him his daughter, also named Joan , in marriage, with the counties of Artois and Burgundy as her eventual inheritance. On March 27, 1317,

1190-444: A regent) and prepare for a possible succession to the throne. At this point, it had been accepted that women could not claim the crown of France (without any written rule stipulating it yet). Under the application of the agnatic principle, the following were excluded: The widow of Charles IV gave birth to a daughter. Isabella of France , sister of Charles IV, claimed the throne for her son, Edward III of England . The French rejected

1275-464: A result, this inequality is believed to become part of the overall social structure. Women's unequal inheritance rights refer to the disparities and discriminatory practices that women face in inheriting property and assets compared to men. These inequalities stem from a combination of legal, cultural, and religious practices that often prioritize male heirs over female ones, resulting in significant socio-economic consequences for women. Dynastic wealth

1360-482: A substantial amount of wealth and inheritance often intermarry with others of the same social class to protect their wealth and ensure the continuous transmission of inheritance across generations; thus perpetuating a cycle of privilege. Nations with the highest income and wealth inequalities often have the highest rates of homicide and disease (such as obesity, diabetes, and hypertension) which results in high mortality rates. A New York Times article reveals that

1445-476: A treaty was signed at Laon between the Duke of Burgundy and Philip V, wherein Joan renounced her right to the throne of France. Philip, too, died without a son, and his brother Charles succeeded him as Charles IV unopposed. Charles, too, died without a son, but also left his wife pregnant. It was another succession crisis, the same as that in 1316; it was necessary both to prepare for a possible regency (and choose

1530-496: Is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny . In modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate . Takers in property succeeded to under a will are termed generally beneficiaries , and specifically devises for real property , bequests for personal property (except money), or legatees for money. Except in some jurisdictions where

1615-433: Is considered an integral part of Sharia law and its application for Muslims is mandatory, though many peoples (see Historical inheritance systems ), despite being Muslim, have other inheritance customs. The distribution of the inherited wealth has varied greatly among different cultures and legal traditions. In nations using civil law , for example, the right of children to inherit wealth from parents in pre-defined ratios

1700-529: Is divided between brothers, and if it is intended to govern succession, it can be interpreted to mandate agnatic seniority, not direct primogeniture. In its use by continental hereditary monarchies since the 15th century, aiming at agnatic succession, the Salic law is regarded as excluding all females from the succession, and prohibiting the transfer of succession rights through any woman. At least two systems of hereditary succession are direct and full applications of

1785-729: Is enshrined in law, as far back as the Code of Hammurabi (ca. 1750 BC). In the US State of Louisiana, the only US state where the legal system is derived from the Napoleonic Code , this system is known as " forced heirship " which prohibits disinheritance of adult children except for a few narrowly-defined reasons that a parent is obligated to prove. Other legal traditions, particularly in nations using common law , allow inheritances to be divided however one wishes, or to disinherit any child for any reason. In cases of unequal inheritance,

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1870-561: Is founded on the Marxist Labor Theory of Value , any money collected in the course of a lifetime is justified if it was based on the fruits of the person's own labor and not from exploiting others. The first communist government installed after the Russian Revolution resolved therefore to abolish the right of inheritance, with some exceptions. Many states have inheritance taxes or estate taxes , under which

1955-527: Is monetary inheritance that is passed on to generations that did not earn it. Dynastic wealth is linked to the term Plutocracy . Much has been written about the rise and influence of dynastic wealth including the bestselling book Capital in the Twenty-First Century by the French economist Thomas Piketty . Bill Gates uses the term in his article "Why Inequality Matters". As Communism

2040-427: Is often persistent across generations and families with higher amounts of inheritance are able to acquire and transmit higher amounts of human capital . Lower amounts of human capital and inheritance can perpetuate inequality in the housing market and higher education. Research reveals that inheritance plays an important role in the accumulation of housing wealth. Those who receive an inheritance are more likely to own

2125-468: Is set out: a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. Later, in Numbers 36, some of the heads of the families of the tribe of Manasseh come to Moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth-tribe's inheritance into her marriage-tribe's. So a further rule is laid down: if

2210-424: Is split into two divisions. The first, comprising three manuscripts, dated to the eighth–ninth centuries, presents an expanded text of 99 or 100 titles. The Malberg Glosses are retained. The second division, with four manuscripts, not only drops the glosses, but also "bears traces of attempts to make the language more concise". A statement gives the provenance: "in the 13th year of the reign of our most glorious king of

2295-561: Is succeeded by a son of his daughter, when the daughter in question is still alive. Or an uncle, with no children of his own, is succeeded by a son of his sister, when the sister in question is still alive. This fulfils the Salic condition of "no land comes to a woman, but the land comes to the male sex". This can be called a "quasi-Salic" system of succession and it should be classified as primogenitural, cognatic, and male-preferred. The Merovingian kings divided their realm equally among all living sons, leading to much conflict and fratricide among

2380-640: The Duchy of Brittany . In this they were supported by the King of England, while their rivals who claimed the traditional female succession in Brittany were supported by the King of France. The Montforts eventually won the duchy by warfare, but had to recognize the suzerainty of the King of France. This law was by no means intended to cover all matters of inheritance – for example, not the inheritance of movables — only to lands considered "Salic" – and debate remains as to

2465-749: The Huguenot candidate Henry of Navarre from becoming king. Philip's agents were instructed to "insinuate cleverly" that the Salic law was a "pure invention". Even if the "Salic law" did not really apply to the throne of France, though, the very principle of agnatic succession had become a cornerstone of the French royal succession; they had upheld it in the Hundred Years' War with the English, and it had produced their kings for more than two centuries. The eventual recognition of Henry of Navarre as King Henry IV of France following his conversion to Catholicism,

2550-457: The Jewish laws of inheritance, praising them above other law codes of their time. They also agreed that the firstborn son must receive a double portion of his father's estate. At first, Christianity did not have its own inheritance traditions distinct from Judaism. With the accession of Emperor Constantine in 306, Christians both began to distance themselves from Judaism and to have influence on

2635-628: The Kingdom of Holland , and under Napoleonic influence, Sweden under the House of Bernadotte . Several military conflicts in European history have stemmed from the application of, or disregard for, Salic law. The Carlist Wars occurred in Spain over the question of whether the heir to the throne should be a female or a male relative. The War of the Austrian Succession was triggered by

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2720-453: The Law of Moses , the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( Deuteronomy 21:15–17 ). If there were no living sons and no descendants of any previously living sons, daughters inherit. In Numbers 27, the five daughters of Zelophehad come to Moses and ask for their father's inheritance, as they have no brothers. The order of inheritance

2805-733: The Low Countries in Western Europe , Balkan kingdoms in Southeastern Europe , and parts of Italy and Spain in Southern Europe . Its use of agnatic succession governed the succession of kings in kingdoms such as France and Italy . The original edition of the code was commissioned by the first king of all the Franks, Clovis I (c. 466–511), and published sometime between 507 and 511. He appointed four commissioners to research customary law that, until

2890-600: The Netherlands is always formally known as "King", though her title may be "Queen". Luxembourg passed to the House of Orange-Nassau 's distantly related agnates, the House of Nassau-Weilburg , but that house also faced extinction in the male line less than two decades later. With no other male-line agnates in the remaining branches of the House of Nassau, Grand Duke William IV adopted a quasi-Salic law of succession to allow him to be succeeded by his daughters. The hostess,

2975-522: The Pragmatic Sanction of 1713 , in which Charles VI of Austria , who himself had inherited the Austrian patrimony over his nieces as a result of Salic law, attempted to ensure the inheritance directly to his own daughter Maria Theresa of Austria , which was an example of an operation of quasi-Salic law. In the modern Kingdom of Italy , under the House of Savoy , succession to the throne

3060-577: The Ripuarian Franks , who, before Clovis, had been independent. The Lex Alamannorum took laws from the Alamanni , then subject to the Franks. Under the Franks, they were governed by Frankish law, not their own. The inclusion of some of their law as part of the Salic law must have served as a palliative. Charlemagne goes back even earlier to the Lex Suauorum , the ancient code of the Suebi preceding

3145-482: The Schleswig-Holstein Question and played a day-to-day role in the inheritance and marriage decisions of common princedoms of the German states , such as Saxe-Weimar , to cite a representative example. European nobility would have confronted Salic issues at every turn in the practice of diplomacy, particularly when they negotiated marriages, since the entire male line had to be extinguished for

3230-746: The Alemanni. The Salic law code contains the Malberg glosses (German Malbergische Glossen or malbergische Glossen ; despite the name, they aren't glosses in the proper sense), several deformed Old Frankish, or for some Dutch scholars Old Dutch, words and what is likely the earliest surviving full sentence in the language: This sentence is also given as the following: These laws and their interpretations give an insight into Frankish society. The criminal laws established damages to be paid and fines levied in recompense for injuries to persons and damage to goods, theft , and unprovoked insults. One-third of

3315-458: The Capetian dynasty in 987 until the death of Louis X in 1316, the eldest living son of the King of France succeeded to the throne upon his demise. No prior occasion existed to demonstrate whether or not females were excluded from the succession to the crown. Louis X died without a son, but left his wife pregnant. The king's brother, Philip, Count of Poitiers , became regent. Philip prepared for

3400-534: The Franks, Pipin". Some of the internal documents were composed after the reign of Pepin the Short , but it is considered to be an emendation initiated by Pepin, so is termed the Pipina Recensio . Family IV also has two divisions – the first comprised 33 manuscripts; the second, one manuscript. They are characterized by the internal assignment of Latin names to various sections of different provenances. Two of

3485-520: The Ripuarian Law the divergences from the old Germanic law are greater than in the Salic Law. In the Ripuarian Law a certain importance attaches to written deeds; the clergy are protected by a higher wergild : 600 solidi for a priest, and 900 for a bishop; on the other hand, more space is given to the cojuratores (sworn witnesses); and the appearance of the judicial duel is noted, which

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3570-407: The Salic Law, and others of unknown origin. The compilation apparently goes back to the reign of Dagobert I (629-639), to a time when the power of the mayors of the palace was still minimal, since we read of a mayor being threatened with the death penalty for taking bribes in the course of his judicial duties. It is probable, however, that the first two parts are older than the third. Already in

3655-488: The Salic Law: agnatic seniority and agnatic primogeniture . The so-called Semi-Salic version of succession order stipulates that firstly all-male descendance is applied, including all collateral male lines, but if all such lines are extinct, then the closest female agnate (such as a daughter) of the last male holder of the property inherits, and after her, her own male heirs according to the Salic order. In other words,

3740-633: The U.S. is the world's wealthiest nation, but "ranks twenty-ninth in life expectancy, right behind Jordan and Bosnia" and "has the second highest mortality rate of the comparable OECD countries". This has been regarded as highly attributed to the significant gap of inheritance inequality in the country, although there are clearly other factors such as the affordability of healthcare . When social and economic inequalities centered on inheritance are perpetuated by major social institutions such as family, education, religion, etc., these differing life opportunities are argued to be transmitted from each generation. As

3825-546: The above changes, the Quran imposed restrictions on testamentary powers of a Muslim in disposing his or her property. Three verses of the Quran, 4:11, 4:12 and 4:176, give specific details of inheritance and shares, in addition to few other verses dealing with testamentary. But this information was used as a starting point by Muslim jurists who expounded the laws of inheritance even further using Hadith , as well as methods of juristic reasoning like Qiyas . Nowadays, inheritance

3910-584: The basis of Salic law's inheritance rules, leading to the Battle of Agincourt . In fact, the conflict between Salic and English law was a justification for many overlapping claims between the French and English monarchs over the French throne. More than a century later, during the French wars of religion , Philip II of Spain attempted to claim the French crown for his daughter Isabella Clara Eugenia , born of his third wife, Elisabeth of Valois in order to prevent

3995-467: The basis of the old editions, do not go back beyond the time of Charlemagne . In all these manuscripts the text is identical, but it is a revised text - in other words, we have only a lex emendata . On analysis, the law of the Ripuarians, which contains 89 chapters, falls into three heterogeneous divisions. Chapters 1-31 consist of a scale of compositions; but, although the fines are calculated, not on

4080-522: The bourgeois of Paris, and doctors of the university, known as the Estates-General of 1317, gathered in February. Philip V asked them to write an argument justifying his right to the throne of France. These "general statements" agreed in declaring that "Women do not succeed in the kingdom of France", formalizing Philip's usurpation and the impossibility for a woman to ascend the throne of France,

4165-469: The claim, noting that "Women cannot transmit a right which they do not possess", a corollary to the succession principle in 1316. The regent, Philip of Valois, became Philip VI of France in 1328. Philip became king without serious opposition, until his attempt to confiscate Gascony in 1337 made Edward III press his claim to the French throne. As far as can be ascertained, Salic law was not explicitly mentioned either in 1316 or 1328. It had been forgotten in

4250-427: The contingencies with Odo IV, Duke of Burgundy , maternal uncle of Louis X's daughter and prospective heiress, Joan . If the unborn child were male, he would succeed to the French throne as king; if female, Philip would maintain the regency until the daughters of Louis X reached their majority. The opportunity remained for either daughter to succeed to the French throne. The unborn child proved to be male, John I , to

4335-474: The earlier law codes of Germanic peoples not originally part of Francia. These are numbered into the laws that were there, but they have their own, quasisectional title. All the Franks of Francia were subject to the same law code, which retained the overall title of Lex Salica . These integrated sections borrowed from other Germanic codes are the Lex Ribuariorum , later Lex Ribuaria , laws adopted from

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4420-602: The era of modern jurisprudence have there been significant changes. The Quran introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life compared to the pre-Islamic societies that existed in the Arabian Peninsula at the time. Furthermore, the Quran introduced additional heirs that were not entitled to inheritance in pre-Islamic times, mentioning nine relatives specifically of which six were female and three were male. However,

4505-578: The expense of others at the bottom of the social hierarchy . It is further argued that the degree to which economic status and inheritance is transmitted across generations determines one's life chances in society. Although many have linked one's social origins and educational attainment to life chances and opportunities, education cannot serve as the most influential predictor of economic mobility . In fact, children of well-off parents generally receive better schooling and benefit from material, cultural, and genetic inheritances. Likewise, schooling attainment

4590-415: The female closest to the last incumbent is "regarded as a male" for the purposes of inheritance and succession. This has the effect of following the closest extant blood line (at least in the first instance) and not involving any more distant relatives. The closest female relative might be a child of a relatively junior branch of the whole dynasty, but still inherits due to her position in the male line, due to

4675-532: The female line, most commonly going to the sister's sons of the decedent; but also, in some societies, from the mother to her daughters. Some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and/or birth order. The inheritance is patrimonial. The father —that is, the owner of the land— bequeaths only to his male descendants, so the Promised Land passes from one Jewish father to his sons. According to

4760-459: The feudal era, and the assertion that the French crown can only be transmitted to and through males made it unique and exalted in the eyes of the French. In 1358 the monk Richard Lescot invoked it to dispute the claim of Charles II of Navarre to the French crown, an argument that would later be echoed by other jurists in defence of the Valois dynasty. In its origin, therefore, the agnatic principle

4845-429: The fine paid court costs. Judicial interpretation was by a jury of peers . The civil law establishes that an individual person is legally unprotected if he or she does not belong to a family . The rights of family members were defined; for example, the equal division of land among all living male heirs, in contrast to primogeniture . One tenet of the civil law is agnatic succession , explicitly excluding females from

4930-600: The first of the Bourbon kings, further solidified the agnatic principle in France. Although no reference was made to the Salic law, the imperial constitutions of the Bonapartist First French Empire and Second French Empire continued to exclude women from the succession to the throne. In the lands that Napoleon Bonaparte conquered, Salic law was adopted, including the Kingdom of Westphalia ,

5015-429: The inheritance of a throne or fief . Indeed, "Salic law" has often been used simply as a synonym for agnatic succession, but the importance of Salic law extends beyond the rules of inheritance, as it is a direct ancestor of the systems of law in use in many parts of continental Europe today. Salic law regulates succession according to sex. "Agnatic succession" means succession to the throne or fief going to an agnate of

5100-540: The inheritance rights of women remained inferior to those of men because in Islam someone always has a responsibility of looking after a woman's expenses. According to Quran 4:11 , for example, a son is entitled to twice as much inheritance as a daughter. The Quran also presented efforts to fix the laws of inheritance, and thus forming a complete legal system. This development was in contrast to pre-Islamic societies where rules of inheritance varied considerably. In addition to

5185-401: The inheritance, the younger sons of the Capetian kings received an appanage , which is a feudal territory under the suzerainty of the king. Feudal law allowed the transmission of fiefs to daughters in default of sons, which was also the case for the early appanages. Whether feudal law also applied to the French throne, no one knew, until 1316. For a remarkably long period, from the inception of

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5270-463: The inter generational transmission of income or wealth which is said to have a direct impact on one's mobility (or immobility) and class position in society. Nations differ on the political structure and policy options that govern the transfer of wealth. According to the American federal government statistics compiled by Mark Zandi in 1985, the average US inheritance was $ 39,000. In subsequent years,

5355-682: The law and practices of secular institutions. From the beginning, this included inheritance. The Roman practice of adoption was a specific target, because it was perceived to be in conflict with the Judeo-Christian doctrine of primogeniture . As Stephanie Coontz documents in Marriage, a History (Penguin, 2006), not only succession but the whole constellation of rights and practices that included marriage, adoption, legitimacy, consanguinity, and inheritance changed in Western Europe from

5440-403: The legal definition of this word, although it is generally accepted to refer to lands in the royal fisc . Only several hundred years later, under the direct Capetian kings of France and their English contemporaries who held lands in France, did Salic law become a rationale for enforcing or debating succession. Shakespeare says that Charles VI rejected Henry V 's claim to the French throne on

5525-416: The longevity of her own branch; any existing senior female lines come behind that of the closest female. From the Middle Ages, another system of succession, known as cognatic male primogeniture, actually fulfills apparent stipulations of the original Salic law; succession is allowed also through female lines, but excludes the females themselves in favour of their sons. For example, a grandfather, without sons,

5610-406: The majority might receive a small amount while the minority inherits a larger amount. The amount of inheritance is often far less than the value of a business initially given to the son, especially when a son takes over a thriving multimillion-dollar business, yet the daughter is given the balance of the actual inheritance amounting to far less than the value of the business that was initially given to

5695-566: The male line. Concerning the inheritance of land, Salic law said: But of Salic land no portion of the inheritance shall come to a woman: but the whole inheritance of the land shall come to the male sex. or, another transcript: [C]oncerning terra Salica, no portion or inheritance is for a woman, but all the land belongs to members of the male sex who are brothers. The law merely prohibited women from inheriting ancestral "Salic land"; this prohibition did not apply to other property (such as personal property ); and under Chilperic I sometime around

5780-774: The midst of benefiting from the greatest inheritance of wealth in history". Inherited wealth may help explain why many Americans who have become rich may have had a "substantial head start". In September 2012, according to the Institute for Policy Studies , "over 60 percent" of the Forbes richest 400 Americans "grew up in substantial privilege", and often (but not always) received substantial inheritances. Other research has shown that many inheritances, large or small, are rapidly squandered. Similarly, analysis shows that over two-thirds of high-wealth families lose their wealth within two generations, and almost 80% of high-wealth parents "feel

5865-505: The next generation is not financially responsible enough to handle inheritance". It has been argued that inheritance plays a significant effect on social stratification . Inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification . It also affects the distribution of wealth at the societal level. The total cumulative effect of inheritance on stratification outcomes takes three forms, according to scholars who have examined

5950-426: The overall amount of total annual inheritance more than doubled, reaching nearly $ 200 billion. By 2050, there will be an estimated $ 25 trillion inheritance transmitted across generations. Some researchers have attributed this rise to the baby boomer generation. Historically, the baby boomers were the largest influx of children conceived after WW2. For this reason, Thomas Shapiro suggests that this generation "is in

6035-415: The predecessor – for example, a brother, a son, or nearest male relative through the male line, including collateral agnate branches, for example very distant cousins. Chief forms are agnatic seniority and agnatic primogeniture . The latter, which has been the most usual, means succession going to the eldest son of the monarch; if the monarch had no sons, the throne would pass to the nearest male relative in

6120-408: The publication of the Salic law, had been recorded only in the minds of designated elders, who would meet in council when their knowledge was required. Transmission was entirely oral. Salic law, therefore, reflects ancient usages and practices. To govern more effectively, having a written code was desirable for monarchs and their administrations. For the next 300 years, the code was copied by hand, and

6205-582: The relief of the kingdom, but the infant lived for only a few days. Philip saw his chance and broke the agreement with the Duke of Burgundy by having himself anointed at Reims in January 1317 as Philip V of France . Agnes of France , daughter of Louis IX , mother of the Duke of Burgundy, and maternal grandmother of the Princess Joan, considered it a usurpation and demanded an assembly of the peers, which Philip V accepted. An assembly of prelates, lords,

6290-431: The rival heirs. The Carolingians did likewise, but they also possessed the imperial dignity, which was indivisible and passed to only one person at a time. Primogeniture, or the preference for the eldest line in the transmission of inheritance, eventually emerged in France, under the Capetian kings. The early Capetians had only one heir, the eldest son, whom they crowned during their lifetimes . Instead of an equal portion of

6375-416: The same designation as the overall work, lex . The recension of Hendrik Kern organizes all of the manuscripts into five families according to similarity and relative chronological sequence, judged by content and dateable material in the text. Family I is the oldest, containing four manuscripts dated to the eighth and ninth centuries, but containing 65 titles believed to be copies of originals published in

6460-611: The sections are dated to 768 and 778, but the emendation is believed to be dated to 798, late in the reign of Charlemagne . This edition calls itself the Lex Salica Emendata , or the Lex Reformata , or the Lex Emendata , and is clearly the result of a law code reform by Charlemagne. By that time, Charlemagne's Holy Roman Empire comprised most of Western Europe. He added laws of choice (free will) taken from

6545-476: The sixth century. In addition, they feature the Malbergse Glossen , " Malberg Glosses ", marginal glosses stating the native court word for some Latin words. These are named from native malbergo , "language of the court". Kern's Family II, represented by two manuscripts, is the same as Family I, except that it contains "interpolations or numerous additions, which point to a later period". Family III

6630-443: The son. This is especially seen in old world cultures, but continues in many families to this day. Arguments for eliminating forced heirship include the right to property and the merit of individual allocation of capital over government wealth confiscation and redistribution, but this does not resolve what some describe as the problem of unequal inheritance. In terms of inheritance inequality, some economists and sociologists focus on

6715-463: The subject. The first form of inheritance is the inheritance of cultural capital (i.e. linguistic styles, higher status social circles, and aesthetic preferences). The second form of inheritance is through familial interventions in the form of inter vivos transfers (i.e. gifts between the living), especially at crucial junctures in the life courses. Examples include during a child's milestone stages, such as going to college, getting married, getting

6800-400: The terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only in specific circumstances) and the intestate laws then apply. The exclusion from inheritance of a person who was an heir in

6885-537: The unit of 15 solidi , as in the Salic Law , but on that of 18 solidi , it is clear that this part is already influenced by the Salic Law. Chapters 32-64 are taken directly from the Salic Law; the provisions follow the same arrangement; the unit of the compositions is 15 solidi ; but capitularies are interpolated relating to the affranchisement and sale of immovable property. Chapters 65-89 consist of provisions of various kinds, some taken from lost capitularies and from

6970-419: The year 570, the law was actually amended to permit inheritance of land by a daughter if a man had no surviving sons (This amendment, depending on how it is applied and interpreted, offers the basis for either Semi-Salic succession or male-preferred primogeniture , or both). The wording of the law, as well as common usage in those days and centuries afterwards, seems to support an interpretation that inheritance

7055-665: Was amended as required to add newly enacted laws, revise laws that had been amended, and delete laws that had been repealed. In contrast with printing, hand copying is an individual act by an individual copyist with ideas and a style of his own. Each of the several dozen surviving manuscripts features a unique set of errors, corrections, content, and organization. The laws are called "titles", as each one has its own name, generally preceded by de , "of", "concerning". Different sections of titles acquired individual names, which revealed something about their provenances. Some of these dozens of names have been adopted for specific reference, often given

7140-542: Was limited to the succession to the crown of France. Prior to the Valois succession, Capetian kings granted appanages to their younger sons and brothers, which could pass to male and female heirs. The appanages given to the Valois princes, though, in imitation of the succession law of the monarchy that gave them, limited their transmission to males. Another Capetian lineage, the Montfort of Brittany , claimed male succession in

7225-643: Was regulated by Salic law. The British and the Hanoverian thrones separated after the death of King William IV of the United Kingdom and of Hanover in 1837 because Hanover practiced quasi-Salic law, unlike Britain. King William's niece, Victoria , ascended to the British throne, but the Hanover throne went to William's brother Ernest, Duke of Cumberland . Salic law was also an important issue in

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