Partible inheritance

Partible inheritance is a general term applied to systems of inheritance in which property "may be" apportioned among heirs. It contrasts in particular with primogeniture, which requires that the whole inheritance passes to the eldest son, and with agnatic seniority where the succession passes to next senior male.

Partible inheritance systems are therefore common ones to be found, in both Common Law and Napoleonic Code-based systems; in the latter case, there may be further requirement implying division according to a scheme, such as equal shares for legitimate children.

Partible inheritance has been common in clannish tribal societies, an example of this pattern is so-called Salic patrimony.Historically speaking, non-partible inheritance has been associated with monarchies, and the wish that landed estates be kept together as units. In the Middle Ages, the partible inheritance systems of (for example) the Carolingian Empire and Kievan Rus had the effect of dividing "kingdoms" into "princely" states; and are often thought responsible for their decline of power.

Partible inheritance was the generally accepted form of inheritance adopted by New Englanders in the 1700's.

ee also

Gavelkind in Ireland