Inheritance

This section looks at issues relating to inheritance that affect orphans and other vulnerable children. Rules about inheritance usually form part of national law. Another section looks at birth registration.

Many children and young people in developing countries face problems inheriting their parents' property when they die. This may be partially due to cultural traditions concerning property inheritance at death. These may prevent women and young children inheriting property. Instead, property may be inherited by a male relative of the father. It is expected that he would then take on responsibility for care of his brother's family. However, sometimes relatives may take the property without taking on responsibility of care.

In addition, there may be cultural taboos about succession planning. It may be believed that planning for death can cause death. This may be one reason why few people in developing countries write wills. It is however easy for people to write their own will using a standard format. This can be used to appoint a legal guardian in case of parental death. Wills can sometimes be written as part of memory projects.

Resources

Report of the Regional Workshop on HIV and AIDS and Children's Property Rights and Livelihoods in Southern and East Africa (Eng)

This workshop report gives details of HIV and AIDS and children’s property and inheritance rights project planning
Food and Agriculture Organisation Sub-Regional office for Southern and East Africa (FAOSAFR), 2006, PDF, 56 pages, 468 kb

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Orphans and Other Children Made Vulnerable by HIV& AIDS: Appendices (Eng)

This document is written with the aim of providing guidelines to National Red Cross and Red Crescent Societies to assist them in helping communities and families to strengthen traditional coping mechanisms to address the needs of orphans and other children made vulnerable by HIV/AIDS. This fifth part comprises five appendices to the document and a list of references. (Part 5 of 5).
International Federation of Red Cross and Red Crescent Societies, 2002, PDF, 9 pages, 100 kb,

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