How will the order of inheritance be distributed without a will? What if there are no heirs? And if my debts exceed the inheritance and there is no guarantor/insurance, will they pass to someone else?
Neprizivnoy
Ancap implies the decentralization of dispute resolution procedures, which automatically means the absence of rigid rules imposed from above regulating the issue of inheritance. Therefore, I cannot say exactly how a particular piece of property or debts will be divided, but I can speculate on how this issue will be resolved locally in substance.
Rights are claims that have been accepted. Upon the death of a person who owned certain property, various people may raise claims to that property. Who eventually gets the property and in what shares depends primarily on who accepts the corresponding claims and how easily. In the most obvious cases, for example, if the deceased had a bitcoin wallet and their household members also had access to the keys, it is unlikely that anyone would be able to contest their claims to own the bitcoins. Similarly, if the deceased lived in their own house, their household members automatically become the factual owners of the house after their death, and contesting their rights to this inheritance would mean putting forward a claim to evict them, which requires extremely strong grounds. It is likely that relatives or friends of the deceased living separately would find it difficult to justify their rights to any share in something where other people were already factual co-owners with the benefactor.
But what about property that the deceased owned solely and to which their cohabitants have no direct access? For example, they owned a company. The keys to the company office are held by the cleaning lady, but it is unlikely that her claims to seize the office based on factual access to the premises would be taken seriously by anyone. Nevertheless, if none of the deceased’s relatives took a direct part in the business and no instructions regarding the property were left by the deceased, it would not be surprising if the company were stripped by its employees or misappropriated by someone in management — either individually or in cooperation with some colleagues. This would simply mean that the property rights to this business were poorly established. Of course, the more established the surrounding market, the less likely such a situation is, and most likely the ownership of the company has long been tokenized, and the rules for the transfer of tokens to other hands were described, including taking into account the possible death of the owner. For instance, the Montelibero Foundation and the entire tokenomics developed around it are only a year and a half old, and we already have such possibilities fixed in certain agreements — after all, predictability of rules is a very important element of the investment climate.
Finally, let’s talk about debts. Of course, a creditor’s claim for the return of a debt is quite strong. Therefore, it is clear that in conditions of a developed market and properly recorded obligations, it will not be difficult for the creditor to recover a share of the deceased’s property toward the debt. If the amount of debts clearly exceeds the amount of divisible assets, then we have a bankruptcy case. In this situation, all claimants to the property will have to agree on who gets how much, and if an amicable agreement cannot be reached, then recourse to a court will be inevitable — they cannot exactly go to war, after all.
In general, I want to note that ancap is not only anarchy, but also capitalism, meaning developed market relations. All existing legal findings, especially from the sphere of common law, will not disappear, and in various disputed cases, they will certainly be appealed to. Foolish litigation, reducing to a competition of whose lawyer is more expensive and who paid the judge more, is unlikely under ancap due to the decentralized nature of law enforcement. But the desire to assert one’s rights itself will not disappear, which means that work for lawyers will not vanish.
