Vacant Succession

A vacant succession is an inheritance that is claimed by no person,or where all the heirs are unknown,or where all the known heirs to it have renounced it.In general,under all legal systems the vacant estate usually escheats to the state or other public groups.Nevertheless,the bases upon which the state or a public group is entitled to inherit the vacant estate are far from the same.In respect of the acquisition of the vacant estate by the state or a public group,various municipal laws have adopted either one of the following systems.

First,some countries,such as Japan,France,England and most states in the United States,advocate that the vacant estate becomes “ownerless” at the death of its owner,and the state acquire the ownerless property on the basis of preoccupation.Second,some other countries,say,Germany,Italy,and Spain,believe that state,being the final legal heir of its nationals or domiciliaries,is entitled to vacant estate.Within such a setting,conflict of laws may arise.For instance,a German citizen deceased in Japan with vacant estate.In this case,which country,Japan or Germany,is entitled to the estate? Obviously,under Japanese law,the estate would escheat to Japan on the basis of preoccupation,whereas under German Law,Germany would acquire the estate as the final legal heir.(https://www.daowen.com)

From the perspective of comparative law,there are two approaches to determining the law governing the vacant estate.First,the vacant estate is governed by the lex situs.This is the approach adopted by the countries that base the acquisition on preoccupation.Second,the personal law of the deceased governs the ownership of the vacant estate,which is the approach endorsed by most countries regarding state as the final legal heir of its nationals or domiciliaries.