Succession Law – Rano and Company

Summery

Succession Law (also known as Law of Succession) is the area of law that governs the transfer of a person’s property, rights, and obligations after their death. It ensures that the deceased’s estate is distributed according to their wishes (if expressed in a valid will) or according to statutory rules if no will exists. Succession law encompasses both testate succession (where a will is present) and intestate succession (where no will exists).

Do you have a will to draft? Do you need a transfer a property that was in the name of your father or mother and who died?

Do you wish challenge a Will left by your father or mother?

Key Components of Succession Law

1. Testate Succession

This applies when a person dies leaving a valid will.
A will is a legal document that outlines how the deceased (the testator) wishes their estate to be distributed.
The will appoints an executor, who is responsible for administering the estate, paying debts, and distributing assets to the beneficiaries named in the will.
The will must comply with formal legal requirements (e.g., being in writing, signed, and witnessed) to be valid.

2. Intestate Succession

This applies when a person dies without a valid will (intestate).
The estate is distributed according to statutory rules, which vary by jurisdiction.
Typically, the estate passes to close relatives (e.g., spouse, children, parents, or siblings) in a predetermined order of priority.
An administrator (appointed by the court) manages the estate instead of an executor.

3. Probate

Probate is the legal process of validating a will and granting authority to the executor to administer the estate.
If there is no will, the court appoints an administrator to handle the estate.

4. Intestacy Rules

These are default rules that determine how an estate is distributed when there is no will.
The rules prioritize close family members, such as:
1. Spouses or civil partners.
2. Children or descendants.
3. Parents, siblings, or other relatives if no immediate family exists.

5. Estate Administration

The process of managing and distributing the deceased’s estate.
Includes paying debts, taxes, and funeral expenses before distributing the remaining assets to beneficiaries.

6. Inheritance Rights

Some jurisdictions have laws that protect certain family members (e.g., spouses and children) from being disinherited, even if a will exists.
These are known as forced heirship or family provision rules.

7. Types of Property

Succession law typically covers real property (land and buildings) and personal property (movable assets like money, jewelry, and vehicles).
Some assets, such as jointly owned property or life insurance policies with named beneficiaries, may pass outside the estate and are not governed by succession law.