Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law

PDF

Thomas E. Simmons

Selected Works

2017

Articles 1 - 1 of 1

Full-Text Articles in Law

A Chinese Inheritance, Thomas E. Simmons Dec 2016

A Chinese Inheritance, Thomas E. Simmons

Thomas E. Simmons

The cultural values of a society are often discernible in its laws of succession and intestacy. These laws govern the distribution of a decedent's estate when there is no estate plan in place. Intestacy schemes typically reflect basic societal values. Yet, perhaps remarkably, the laws of intestacy bear consistency across various countries, continents, and cultures, rewarding the closest surviving family members. Upon closer examination, unique characteristics also emerge. The most startling characteristic of Chinese inheritance law is its willingness to invoke judicial review of an heir's conduct in settling upon distribution percentages to govern intestacy. American succession law also considers …