Popular TV Series Downton Abbey based on the fictional Earl of Grantham, his family and servant's shows life on a large estate in the early 1900s and the perils of the First World War.

One of the main storylines in the series is that the Earldom must pass to a male heir. The Earl has three daughters, Lady Mary, Lady Edith and Lady Sybil – but none can inherit the title. The title will pass to a distant male cousin, Matthew Crawley.

Many will recall one of the main themes in the Jane Austen Novel, Pride & Prejudice is the constant angst of Mrs Bennett as her five daughters are overlooked, again a distant male cousin – Mr Collins will inherit the Longbourne Estate.

In this modern age of equal opportunities this seems incredible but only a few weeks the Prime Minister announced the intention of the government to investigate amending the 1701 Act of Succession. The Act states that a male child takes priority over a female. This principle dates from Norman times and is often referred to as primogeniture.

Today the Prince of Wales is the eldest child of the reigning monarch, Queen Elizabeth II. In turn, Prince William, the Duke of Cambridge is the eldest child of the Prince of Wales. In the foreseeable future there seems to be no conflict as the first born, being a male child, will inherit the throne for the next two generations. But what if the Duke and Duchess of Cambridge's first child is a daughter and their second, a son? Would it be acceptable today for the daughter to be overlooked?

Under present law, the son would be heir to the throne in due course and an Act of Parliament would be needed to change this. As the Queen is currently Head of State of 16 different countries, in practice all would have to agree to a change in the law.

At the Heads of Government Commonwealth Conference being held in Perth, Western Australia today, it has now been agreed in principle to amend the act.

This is just one of the ways Inheritance issues reflected in fiction are still current today.

If you have any questions in regard to Inheritance, please contact our Wills, Family & Wealth team.

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