How to claim things with rites. Care for the dead and inheritance rights in early modern Europe (and beyond)

This chapter explores the relationship between funerary rites and inheritance claims in early modern Europe, where rites served as a tangible demonstration of kinship, often used to establish the legitimacy of hereditary claims in court. Practices such as paying for requiem masses and taking responsibility for the burial of the deceased were powerful indicators of one’s right to inherit, especially in cases where no direct heirs were identified. This concept of ‘possession by ritual’ is rooted in a legal culture where actions produce and substantiate both kinship and ownership. The chapter centres on an early modern Tuscan case study and extends the analysis beyond early modern Europe, exploring ancient Mediterranean societies and other cultures where similar practices were observed. This broader scope illustrates that the relationship between care for the dead and inheritance rights is found across various societies and eras. Ultimately, the chapter suggests that the link between rites and rights reflects a deeper anthropological understanding of ritual and legal languages, where ‘acting as if’ can legitimise social status and ownership. This perspective underscores the importance of caring actions, both during and after life, in shaping inheritance claims and maintaining social continuity, highlighting how these practices contribute to the reproduction of social structures and the allocation of entitlements.