Women and inheritance of real property
Re: Wayne Shepheard’s article (FT June 2023). Wayne Shepheard states that “daughters were prevented from inheriting [real] property”. This is not correct, however, and the picture is more nuanced.
Under common law, land (‘real’ property) was indeed inherited solely by the eldest son. All daughters and younger sons were excluded from inheritance, which kept estates intact. Moveable property such as money and chattels could be disposed of as the testator wished. if there were no sons but one or more daughters, the daughters would inherit the land in equal shares – they would be co-heiresses at law and they or more usually their guardian were in control of their land until they married. Even after marriage, although the rents and use of the land passed to a woman’s husband, he could not sell it without her agreement (thus preserving it
