ABSTRACT
The statutory and common law regimes of inheritance law which apply to Aboriginal people and Torres Strait Islanders in Australia rest on a number of myths. The aspect of inheritance is essential for people to continue their obligations of custodianship, but it is not addressed in any of the intestacy legislation in Australia, whether it pays lip-service to customary law or otherwise. Non-Aboriginal culture in Australia also carried out rituals after death, but property is distributed according to the statutory and common law of inheritance or succession. The Northern Territory's model for dealing with customary law in inheritance is the best of the models on offer, particularly if the requirement not to have been in a Marriage Act marriage is removed. This chapter shows that how unsatisfactory is the present regime of recognition of the inheritance needs of Aboriginal people in Australia.
