Aspects of succession law in ancient Egypt with specific reference to testamentary dispositions

Abstract

This study indicates the strong link between the belief in the afterlife and the inception of testamentary dispositions in ancient Egypt. To understand law, and specifically succession law, the importance of religion must be understood. Religion was embedded in society. One of the most important principles of religion was maat, which formed the basis for law. The living and dead formed part of the same community. The belief in the afterlife implied an immortality, an eternal continuation of life. There was a moral relationship between the dead and living and the deceased was dependent on sustenance after death. There was an obligation for the family to sustain the deceased, but this piety diminished and a need arose to make arrangements for sustenance prior to death. This led to the inception of the testamentary disposition document. The purpose of succession law is to maintain and strengthen the socio-economic structure in society and it therefore fulfils a social function. At the heart is the nuclear family. In ancient Egypt two systems of succession law developed: customary intestate succession and testate succession (by way of testamentary disposition). Different types of documents were used in ancient Egypt to serve the purpose of a testamentary disposition, such as the pious foundation and the imyt-pr. Important concepts and elements of succession law from the Old, Middle and New Kingdoms are identified and discussed. These include fideicommissum, trusts, usufruct, habitatio, legacies, the importance to indicate ownership of property, etc.

The testamentary disposition documents of ancient Egypt must be one of the earliest examples of testate succession law. The Egyptian testamentary disposition, with its concepts and elements of succession law, was established centuries before Rome and Roman law were established. The resemblance to our modern-day wills and testaments through our Roman testate succession law heritage is remarkable.