Estate Planning as a Career

According to common law, primogeniture is the right of the first born son to inherit the entire estate of the family regardless of other siblings. This system of inheritance began in 1066 in England, when the Normans brought the practice with them. According to this tradition, if no children resulted from a union, then the belongings of the deceased would go to blood relatives, in order of seniority.

Many variations of primogeniture exist. Four major monarchies in Europe, including Sweden, the Netherlands, Norway, and Belgium, eliminated the preference for a male heir and have instead instituted an absolute primogeniture, where the eldest child receives all, regardless of sex. Other variations of this type of inheritance include agnatic, cognatic, matrilineal, and uterine primogeniture. Agnatic inheritance is a purely male line, almost always to the total exclusion of women. The Cognatic tradition allows for a woman to inherit all the possessions if she has no male siblings and no deceased brothers who left eligible descendents. Matrilineal inheritance is the opposite of the Agnatic tradition. Female children inherit property, almost always to the total exclusion of male children. Finally, the uterine form of primogeniture involves male inheritance through a female spouse or ancestor. Spain followed this pattern in the 20^th century, with succession and inheritance usually received by the daughter’s husband.

The preference for males in this system probably originates from the perceived role of the monarch and ruler of the estate. A monarch must be a military leader, a role traditionally reserved for men. Benefits of primogeniture include less internal pressure to sell property. Additionally, this type of inheritance pattern slows the subdivision of estates and keeps wealth concentrated within families. Negative consequences of t (more…)