Inheritance

Inheritance, in law, succession to the real and personal property of a deceased individual. Inheritance may be by will (testacy) or, in the absence of a will, by operation of the statutes governing intestacy. The transfer of property by testate and intestate succession is of remote origin.

The code promulgated by the Babylonian ruler Hammurabi in the 18th century bc made provision for both testate and intestate succession. In the 6th century bc in Greece, wills were made in Athens during the time of the lawgiver Solon. The ancient code of Roman law, called the Law of the Twelve Tables, contained provisions for the disposition of testate and intestate property. In England, the introduction of feudalism resulted in the elimination of the right to dispose of real property by will, and this disability continued until the reign of King Henry VIII, under whom the enactment of the Statute of Wills partially restored the right to dispose of real property by will (see Heir). Subsequently, this right was entirely restored. Where a person dies without making a will, his or her relatives inherit. Where there are no relatives, the estate goes to the Crown. See Estate.