Partible inheritance is a general term applied to systems of
inheritanceInheritance is the practice of passing on property, titles, debts, and obligations upon the death of an individual. It has long played an important role in human societies...
in which property
may be apportioned among heirs. It contrasts in particular with
primogeniturePrimogeniture is the common law right of the first-born son to inherit the entire estate, to the exclusion of younger siblings. It is the tradition brought by the Normans to England in 1066. According to the Norman tradition, the first-born son inherited the entirety of a parent's wealth, estate,...
, which requires that the whole inheritance passes to the eldest son, and with
agnatic seniorityAgnatic seniority is a patrilineal principle of inheritance where the order of succession to the throne prefers the monarch's younger brother over the monarch's own sons. A monarch's children succeed only after the males of the elder generation have all been exhausted...
where the succession passes to next senior male.
Partible inheritance systems are therefore common ones to be found, in both
Common LawCommon law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive action, and to corresponding legal systems that rely on precedential case law....
and
Napoleonic CodeThe Napoleonic Code, or Code Napoléon is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
-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
clanA clan is a group of people united by kinship and descent, which is defined by actual or perceived descent from a common ancestor. Even if actual lineage patterns are unknown, clan members may nonetheless recognize a founding member or apical ancestor...
nish tribal societies, an example of this pattern is so-called
Salic patrimonySalic patrimony or inheritance or land property refers to clannish possession of real estate property, particularly in Germanic context...
.
Historically speaking, non-partible inheritance has been associated with monarchies, and the wish that landed
estateAn estate comprises the houses and outbuildings and supporting farmland and woods that surround the gardens and grounds of a very large property, such as a country house or mansion. It is an "estate" because the profits from its produce and rents are sufficient to support the household in the house...
s be kept together as units.
Partible inheritance is a general term applied to systems of
inheritanceInheritance is the practice of passing on property, titles, debts, and obligations upon the death of an individual. It has long played an important role in human societies...
in which property
may be apportioned among heirs. It contrasts in particular with
primogeniturePrimogeniture is the common law right of the first-born son to inherit the entire estate, to the exclusion of younger siblings. It is the tradition brought by the Normans to England in 1066. According to the Norman tradition, the first-born son inherited the entirety of a parent's wealth, estate,...
, which requires that the whole inheritance passes to the eldest son, and with
agnatic seniorityAgnatic seniority is a patrilineal principle of inheritance where the order of succession to the throne prefers the monarch's younger brother over the monarch's own sons. A monarch's children succeed only after the males of the elder generation have all been exhausted...
where the succession passes to next senior male.
Partible inheritance systems are therefore common ones to be found, in both
Common LawCommon law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive action, and to corresponding legal systems that rely on precedential case law....
and
Napoleonic CodeThe Napoleonic Code, or Code Napoléon is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
-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
clanA clan is a group of people united by kinship and descent, which is defined by actual or perceived descent from a common ancestor. Even if actual lineage patterns are unknown, clan members may nonetheless recognize a founding member or apical ancestor...
nish tribal societies, an example of this pattern is so-called
Salic patrimonySalic patrimony or inheritance or land property refers to clannish possession of real estate property, particularly in Germanic context...
.
Historically speaking, non-partible inheritance has been associated with monarchies, and the wish that landed
estateAn estate comprises the houses and outbuildings and supporting farmland and woods that surround the gardens and grounds of a very large property, such as a country house or mansion. It is an "estate" because the profits from its produce and rents are sufficient to support the household in the house...
s be kept together as units. In the
Middle AgesThe Middle Ages of European history is a period of European history covering roughly a millennium in the 5th century through 16th centuries. More specific starting and ending points are sometimes adopted by scholars to suit their respective specializations or current focus...
, the partible inheritance systems of (for example) the
Carolingian EmpireCarolingian Empire is a historiographical term sometimes used to refer to the realm of the Franks under the Carolingian dynasty. This dynasty is seen as the founders of France and Germany...
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.