Succession & Inheritance

Inheritance disputes are family disputes with property attached. They tend to surface at the worst possible moment, among people who will still be related to one another when the matter ends. We handle them with that in mind: efficiently, without unnecessary escalation, and with a clear account of what the law actually provides.

How succession works in Ethiopia

Succession is governed by the Civil Code of 1960, which sets out both how an estate passes when a person leaves a valid will (testate succession) and how it passes when they do not (intestate succession). The estate opens at the deceased's place of principal residence at the time of death, and it is that location which generally determines the competent court.

Where there is no will, the Code distributes the estate by reference to defined classes of relatives, beginning with the deceased's children and their descendants. Where there are no descendants, the estate passes to the parents and their descendants, and failing them to more remote ascendants and their lines. The principle is one of representation and degree rather than discretion: the Code prescribes the order, and the court applies it.

Wills

The Civil Code recognises three forms of will, each with its own formal requirements:

• Public will — read out and signed in the presence of the required witnesses. The most robust form, and the hardest to attack.
• Holograph will — written entirely by the testator personally, with a clear statement that the document is intended as a will.
• Oral will — permitted only in narrowly defined circumstances, valid for a limited purpose and a limited time, and frequently contested.

Formality matters here more than in almost any other area of Ethiopian civil law. A will that expresses the testator's intentions perfectly but fails a formal requirement can be set aside entirely. If you are making a will, the modest cost of having it drawn properly is insurance against a dispute that may cost your family a great deal more. If you are challenging one, the formalities are the first place we look.

Establishing and administering the estate

Before assets can be dealt with, the heirs generally need a certificate confirming their status as heirs, obtained by application to the competent court. Banks, land administration offices, share registries and transport authorities will normally require it before releasing or transferring anything.

The estate is then liquidated: debts and liabilities of the deceased are identified and settled, and only the remainder is partitioned among the heirs. Where the heirs cannot agree on how to divide the estate — a common situation where the principal asset is a single house that cannot be split — the court can order partition, including by sale and division of the proceeds.

Where disputes arise

• Contested wills — challenges based on formal defects, on the capacity of the testator, or on undue influence.
• Undisclosed or concealed assets — where one heir has possession of estate property and does not account for it.
• Disputed heirship — including claims by children whose filiation must first be established.
• Property registered in one heir's name during the deceased's lifetime, and whether it forms part of the estate.
• Debts of the estate that exceed what the heirs expected.

Estates connected to more than one country

Many Ethiopian families now have members abroad, and many estates include assets in more than one jurisdiction. This raises questions the Civil Code alone does not answer: which country's law governs which asset, whether a foreign grant of probate will be recognised here, and how an heir living abroad can act without repeatedly travelling to Addis Ababa.

We regularly act for heirs outside Ethiopia, taking instructions remotely and acting under a properly executed and authenticated power of attorney so that the matter can proceed here without their physical presence.