Inheritance Laws in Eritrea
Inheritance laws in Eritrea are primarily based on civil law, which was influenced by both Italian and Ethiopian legal systems due to Eritrea’s historical ties to both countries. The laws surrounding inheritance are outlined in Eritrea's Civil Code, and they cover both testate succession (when a person has a will) and intestate succession (when a person dies without a will). Additionally, there are considerations of Islamic law for Muslim individuals in some cases, as well as the influence of customary practices in rural areas.
Here’s an overview of inheritance laws in Eritrea:
1. Testate Succession (Inheritance According to a Will)
Testate succession refers to the inheritance process when a person leaves behind a valid will. The Civil Code governs how the will is executed and provides specific formalities for a will to be valid.
Types of Wills in Eritrea:
Public Will (Notarial Will): A formal will that is executed in front of a notary public. It is considered the most secure type of will and follows all legal formalities.
Holographic Will: A will that is handwritten by the testator (the person making the will) and signed by them. It does not need to be notarized, but it must meet certain formal requirements, such as being written entirely by the testator.
Oral Will: In exceptional circumstances (such as when the testator is facing imminent danger or death), an oral will can be made. It must be witnessed by a certain number of people.
Testamentary Freedom and Forced Heirship:
Eritrean law includes the principle of forced heirship, meaning the testator cannot completely disinherit certain relatives. Even with a will, a portion of the estate must go to the legal heirs (children, spouse, and sometimes parents).
Forced Heirship: At least one-third of the estate must go to forced heirs, such as children, spouse, or parents. If the deceased has no spouse or children, the estate may go to other family members according to the law.
Testamentary Freedom: The deceased can freely allocate the remaining portion of their estate as they wish, but they cannot disinherit their forced heirs completely.
2. Intestate Succession (Inheritance Without a Will)
If a person dies intestate (without a will), the estate will be distributed according to the laws outlined in the Civil Code. The distribution follows a set order of priority.
Order of Succession:
Descendants (Children):
- The first group of people who inherit are the children of the deceased. If there are multiple children, the estate is divided equally among them.
- Children inherit in equal shares, regardless of whether they are male or female.
Spouse:
- The spouse of the deceased is also entitled to a share of the estate. If there are children, the spouse typically inherits one-third of the estate.
- If there are no children, the spouse will inherit half of the estate.
Parents:
- If there are no children or spouse, the parents of the deceased inherit the estate. If both parents are alive, the estate is usually divided equally between them.
Siblings:
- If there are no children, spouse, or parents, the siblings of the deceased inherit the estate. The estate will be divided equally among the siblings.
Extended Family:
- If there are no immediate heirs (children, spouse, or parents), more distant relatives, such as uncles or aunts, may inherit the estate.
State:
- If there are no known heirs or if the heirs renounce their inheritance, the estate may be passed to the state.
3. Inheritance Under Islamic Law
In Eritrea, Muslim citizens may inherit according to Islamic law (Sharia law). This is especially common in communities where Islam is practiced, and the rules of Sharia inheritance apply, which include:
- A fixed share for certain heirs (e.g., sons, daughters, wives).
- Islamic inheritance law has specific rules about the distribution of the estate, which may not necessarily be equal between male and female heirs.
For example, under Sharia law:
- A son generally receives double the share of a daughter.
- Wives inherit a portion of the estate if their husband dies.
4. Inheritance Procedure
The process for handling the inheritance of an estate in Eritrea typically follows these steps:
Probate Process: The probate process begins by filing the will (if one exists) with the court or, if there is no will, proceeding with intestate succession according to the Civil Code.
Debt Settlement: Before distributing assets to heirs, the deceased’s debts and any obligations (including taxes) must be settled.
Inventory and Appraisal: An inventory of the deceased’s assets is made, and the value of the estate is assessed.
Distribution of Estate: After the debts and inventory are settled, the estate is divided among the heirs, based on either the will (if one exists) or the laws of intestate succession.
Transfer of Property: If the estate includes real property (land, houses, etc.), the ownership must be transferred to the heirs. This process involves registering the property with the public registry.
Issuance of Inheritance Certificate: After the inheritance is settled and property is transferred, an inheritance certificate may be issued to confirm the legal transfer of the estate to the heirs.
5. Inheritance Taxes
As of now, Eritrea does not impose inheritance taxes on the transfer of assets after a person’s death. However, certain administrative fees and registration costs may be incurred during the probate process, especially for transferring ownership of real property.
6. Inheritance of Foreign Nationals
For foreign nationals who pass away in Eritrea, their estate is subject to Eritrean inheritance laws for any assets within the country. This includes real estate, financial assets, or other properties held within Eritrea. However, foreign nationals may also have claims or rights under their own country's inheritance laws if they have assets in multiple countries.
7. Disputes and Legal Challenges
Disputes over inheritance can arise if there are disagreements among heirs or questions regarding the validity of a will. Common reasons for disputes include:
- Disagreements over the will: If there is suspicion that the will is invalid or was made under duress, it may be challenged in court.
- Claims for a larger share: Heirs might contest the distribution of assets if they believe the inheritance laws were not properly followed.
Disputes are generally resolved in the civil courts, where judges apply the Civil Code and relevant family law principles. In cases of Muslim inheritance, the court may apply Sharia law to resolve the issue.
Conclusion
Inheritance laws in Eritrea are largely governed by the Civil Code, with specific rules for both testate and intestate succession. The law ensures that certain family members, including children and spouses, are entitled to inherit a portion of the estate, regardless of the deceased’s wishes. While forced heirship rules apply, there is also flexibility for individuals to make decisions about the remainder of their estate in their will. The process involves probate, settlement of debts, and the distribution of assets. Foreign nationals’ estates are subject to Eritrean inheritance laws for assets within the country. Although there are no inheritance taxes, administrative fees may apply. Disputes over inheritance can be resolved in court based on Eritrean civil law or Sharia law for Muslim heirs.
RELATED Blog
0 comments