Definition of Heir
- Laws
- Ethiopia
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The Oromia Regional LALU (Land Use and Land Administration) Proclamation defines heirs differently than either the Civil Code or the Federal LALU Proclamation. The Oromia LALU Proclamation defines family members as children of the land holder or dependents who do not have other income for their livelihood. This definition enables non-resident family members to inherit land, although it prioritizes those whose livelihood is entirely dependent on the income from the land, most likely residents (Oromia LALU Proclamation Art 2 [16]). Although wives may fall into the category of dependents who doe not have other income for their livelihoods under the Oromia LALU Proclamation, they would be precluded from inheriting their husband’s property by Civil Code provisions that require the husband’s personal property pass to blood relatives in the absence of a will. This result would only change if the Oromia Proclamation prevails over the Civil Code. Additionally, married daughters who typically have other income are prevented from inheriting land.
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Civil Code
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Federal LALU Proclamation
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- Ethiopia
- Commentary
The rules of intestate succession in one of Ethiopia’s provinces prioritizes family members who depend on the land for their livelihood rather than immediate relationship to the deceased. If children of the deceased rely on income unrelated to the land they may lose their inheritance to another family member whose livelihood is entirely dependent on income from the land. This case also emphasizes the need to examine local regulations, as the definition of heir differs from the federal statute and regulations.