Inheritance Law and Social Inequality (Erfenissen En Sociale Ongelijkheid - Dutch)

Abstract:     
In this interview I comment, together with philosopher Koen Raes, on the social inequality that may arise because of the existing rules of inheritance law. I argue that the blood relationship is too strong to abolish this as a basic principle for inheritance law. However this is only valid for family property, passing through generations. For the modern concept of partner property, established by a couple, like a husband and wife, or a same sex couple, that estate should go to the partner, hence reducing the blood claim. I also argue that forced heirship rules are only acceptable for family property, but not for partner property. Eventually, imperative rules on partner property, must be introduced at the level of marital property law (eg equitable distribution rules), but not at the level of inheritance law.

Note: Downloadable document is in Dutch.

Number of Pages in PDF File: 4

Keywords: Inheritance law, Marital Property Law, Social Inequality

JEL Classification: K11, K12

Accepted Paper Series