Oxford Programme in Asian Laws Annual Lecture: Beyond Bloodlines: Should Merit Shape Intestate Succession?

Abstract
Whilst Western intestate succession laws follow bloodlines and marriage, several Asian legal systems have pioneered a more nuanced approach. China’s succession law elevates certain caregivers to first-tier heirs and adjusts the inheritance shares of heirs based on whether they had supported the intestate. Japan and South Korea have similarly developed care-based adjustments to inheritance rights, albeit on grounds distinct from China. This lecture examines the justifications and practical workings of these Asian inheritance models. As Western societies face demographic aging and mounting pressure on eldercare systems, these Asian approaches invite us to rethink the relationship between merit and inheritance.

Biography

Lusina Ho is Harold Hsiao-Wo Lee Professor in Trust and Equity at The University of Hong Kong. She has taught and published widely in trusts, equity, unjust enrichment, comparative trusts (including Chinese trusts), elder and special needs law. She serves on the editorial boards for the Journal of Equity and the Oxford Journal of Legal Studies. Both the governments of the People’s Republic of China and Hong Kong SAR have consulted her on the enactment and reform of trust legislation. She recently succeeded in persuading the Hong Kong SAR Government to establish a public trust service for individuals with special needs.