Inheritance Laws in Papua New Guinea
Inheritance laws in Papua New Guinea (PNG) are primarily based on a combination of customary law, statutory law, and the general principles of equity and justice. The legal framework for inheritance in Papua New Guinea is influenced by both traditional practices and formal laws introduced during the colonial era and in post-independence legal reforms.
Key Aspects of Inheritance Laws in Papua New Guinea
Customary Law:
- Papua New Guinea is a diverse country with over 800 different languages and cultural groups, and each community has its own set of traditional inheritance customs.
- Customary inheritance typically involves the transfer of land and property according to the traditions of the deceased's clan or tribe. In many cases, inheritance follows patrilineal or matrilineal descent systems, depending on the ethnic group. For example, in some areas, land and wealth are passed down through the father’s side, while in others, property is inherited through the mother’s side.
- The transfer of land under customary law is often based on the concept of collective ownership, where a clan or family may hold land together, and individual inheritance may be shared among members of the extended family.
Statutory Law (Civil Law):
- The Wills, Probate, and Administration Act 1963: This is the key piece of legislation governing inheritance under statutory law. It applies to individuals who wish to create a formal will and dictates how property is handled after death.
- Under the statutory law system, individuals can write a will to allocate their property to their heirs. If a person dies intestate (without a will), the law provides a standard procedure for the distribution of the deceased's estate. This generally follows a hierarchy of heirs, starting with the spouse, children, and other close relatives.
Intestate Succession (Without a Will):
- If a person dies intestate (without a will), the Intestate Succession Act provides the framework for how the estate should be divided among the surviving family members. The order of priority for inheritance is generally:
- Spouse: The surviving spouse is often entitled to a share of the deceased’s estate.
- Children: The children of the deceased, whether male or female, are generally entitled to an equal share of the estate. If there are no children, the estate may go to other relatives such as parents or siblings.
- Parents and Siblings: If there is no spouse or children, the deceased's parents and siblings may inherit the estate according to the statutory hierarchy.
- If the deceased had no surviving spouse, children, or immediate family, the estate may be distributed among more distant relatives like cousins or extended family members.
Wills and Bequests:
- Individuals in Papua New Guinea have the right to make a will to determine the distribution of their property. Wills must be executed in compliance with the Wills, Probate, and Administration Act to be valid.
- A person can also appoint an executor in their will, someone who will be responsible for managing the distribution of their estate and ensuring that it is carried out according to their wishes.
Women's Inheritance Rights:
- Women in Papua New Guinea are often subject to both customary and statutory laws regarding inheritance, but their inheritance rights under customary law can be limited.
- Customary inheritance practices may not always treat women equally in terms of inheritance, particularly in patrilineal societies where land and property may pass through the male line, and women might be excluded from inheriting land or wealth.
- However, under statutory law, women have the same rights as men when it comes to inheriting property from an intestate estate or a will. Women are entitled to inherit property equally from their parents, spouses, or relatives, although practical barriers (such as local customs or family dynamics) may sometimes hinder these rights.
Challenges in Enforcing Inheritance Laws:
- Despite the statutory framework, customary laws and practices often play a significant role in determining how inheritance disputes are resolved, especially in rural areas. In these communities, customary law may be preferred, and formal legal systems may not be as accessible.
- There can be conflicts between customary inheritance practices and formal statutory laws, especially when women or non-biological heirs are involved.
- Land disputes are common, as land ownership in many parts of PNG is traditionally based on family or clan affiliations, and land may be passed down through generations according to customary law rather than through a formal will.
Role of the National Court:
- In the event of a dispute over inheritance, the National Court of Papua New Guinea can adjudicate and apply both customary law and statutory law to resolve the issue. Courts can help formalize customary claims or resolve conflicts when statutory laws are in question.
Key Takeaways:
- Customary law heavily influences inheritance in Papua New Guinea, particularly in terms of land and property transfer among families and clans.
- Statutory law under the Wills, Probate, and Administration Act allows individuals to create wills, and it sets out rules for intestate succession, prioritizing spouses, children, and close relatives.
- Women's inheritance rights may be limited by customary practices, but statutory law provides equal rights for women and men.
- There can be conflicts between customary and statutory inheritance, and legal enforcement can be challenging in rural areas where customary law predominates.
In short, inheritance in Papua New Guinea is shaped by a mix of traditional and formal legal systems, with customary law playing a significant role in rural areas, while statutory law governs formal legal procedures in urban settings.
RELATED Blog
1 comments