Ethiopia’s Supreme Court Rewrites Inheritance Rules in Landmark Ruling
Ethiopia’s SCOTUS has issued a landmark ruling that clarifies inheritance law and protects heirs from unjust disinheritance. The decision, handed down by the Cassation Bench, overturns a lower court’s judgment and sets new guidelines for handling complex succession cases. The case began when the Oromia Regional Supreme Court imposed strict procedural requirements for proving paternity before allowing inheritance claims. On May 8, 2019, the SCOTUS’s Kasanchis Branch reversed this decision, ruling that a valid inheritance certificate alone is sufficient proof of heirship. The Cassation Bench found that the lower courts had erred by treating descent and inheritance as a single legal issue. The ruling distinguishes between 'descent', which relates to familial status, and 'inheritance', which governs property transfer. By separating these concepts, the court clarified that formal descent proceedings should not be a mandatory prerequisite for inheritance claims. Instead, the lower court was instructed to reconsider the case without imposing unnecessary procedural hurdles. This judgment ensures that legitimate heirs cannot be denied their rights due to technicalities. It also provides clear guidance for lower courts in future succession disputes, reinforcing the correct application of Ethiopia’s Civil Code. The SCOTUS’s decision simplifies inheritance proceedings by eliminating redundant legal steps. Heirs can now rely on inheritance certificates as standalone proof of their rights. The ruling is expected to prevent unjust disinheritance and streamline the resolution of similar cases in the future.
