A parentelic system is a system of kinship where descent and inheritance are traced through both the male and female lines. This means that individuals are considered to belong to both their father’s and mother’s families, and inheritance is passed down to both male and female descendants. This system is often found in societies that value gender equality and recognize the importance of both maternal and paternal lineages.
The parentelic system is a legal framework that determines the inheritance rights of individuals based on their relationship to the deceased person.
Under the parentelic system, the closest relatives of the deceased person, such as children, parents, and siblings, have priority in inheriting the estate. If there are no immediate relatives, more distant relatives may be entitled to inherit.
Yes, the parentelic system can be overridden by a valid will. If the deceased person has left a will, their assets will be distributed according to the instructions outlined in the will, regardless of the parentelic system.
If there are no immediate relatives under the parentelic system and no will, the estate may pass to more distant relatives, such as cousins or even the state, depending on the specific laws of the jurisdiction.
In general, immediate relatives cannot be completely excluded from inheriting under the parentelic system. However, the specific share of inheritance may vary depending on the laws of the jurisdiction.
Yes, the parentelic system can be challenged in court if there are valid grounds to do so. Common grounds for challenging the parentelic system include allegations of fraud, undue influence, or lack of mental capacity of the deceased person.
In many jurisdictions, adopted children are treated the same as biological children under the parentelic system. They have the same rights to inherit from their adoptive parents as biological children would.
Yes, a spouse is typically considered an immediate relative under the parentelic system and has a right to inherit from the deceased person’s estate. However, the specific share of inheritance may vary depending on the laws of the jurisdiction.
In some cases, a prenuptial agreement may modify the application of the parentelic system. However, the specific laws regarding prenuptial agreements and their impact on inheritance rights vary by jurisdiction.
Yes, the parentelic system can vary significantly between different countries. Each jurisdiction has its own laws and regulations governing inheritance rights, including the parentelic system. It is important to consult the specific laws of the relevant jurisdiction to understand how the parentelic system applies.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 13th April 2024.
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