Law
Of Intestate Succession
Dear advisor
I write to enquire on the
rights of children neglected by their own parents (mostly fathers) and subsequently left
out of the will on their estate. I am seeking knowledge about the same subject because I
feel I am a victim (together with my other brothers and sisters) of such a situation.
Once upon a time was my
father who was in real estate business. He had several of us children from different
mothers. Being aware of what some relatives do when one dies, he rightly left a will when
he died in 1995. Unfortunately, the will favoured only a few of our brothers and sisters
and their mothers-eight of them altogether.
The brief contents of the
will were that two of our stepmothers (whom he divorced) and their children were the
beneficiaries and were to inherit the business. Then I and my young brother from the same
mother were given K500, 000. This angered me so much especially that I was living with him
at the time of his death. They came, took and shared households, the car and put the house
on rent. My mum who has since died only comforted me. I was 19 years old then but I am now
24 and have grown with this pain.
I am therefore, through
your organisation seeking to find out if there is something that can be done so that all
of us benefit as children including those that were not mentioned in the will. We are all
his children. I am now staying with friends and it really hurts to see our stepmother, who
has assumed the chief executive post of the firm, thriving while I, as well as my other
siblings, have to beg for assistance from them.
I ask for your help if you
can please.
Yours, Name withheld.
Dear friend,
I will begin by letting you
know that the law that deals with the issue of wills is the Wills and Administration of
Testate Estates Act.
When a person writes a will
he has the absolute freedom to give his property to whoever he desires in whatever
proportions he thinks fit.
However, when a will
contains unreasonable provisions in the sense that the testator, the person who made the
will, did not state reasonable provisions either during his lifetime or by his will for
the maintenance of a child or other dependant, the court steps in to protect the
disadvantaged person.
The court will step in when
the disadvantaged person makes an application to the court for variation of the provisions
in the will.
The court will vary the
will and order that reasonable provision be made out of the testator’s estate for the
maintenance of the person concerned. The provision for maintenance may include payment of
a lump sum or a series of payments or grant an interest in immovable property (house,
building etc) for life or any lessor period.
Where the order provides
for periodical payments it also provides for termination of payments as follows;
i) in the case of husband
or wife upon her or his remarriage
ii) in the case of a child,
upon his attaining the age of eighteen years or upon leaving secondary school or under
graduate university
iii) upon the death of the
person concerned
The application for varying
a will, must be made within six months from the time of contents of the will are made
known.
In your case, the facts
show that you are late with the application for varying the will and you do not fall into
the category of the people for whose benefit such an application can be made.
Advisor
Violent Boyfriend
Dear advisor
I am a girl aged 19. There
is a boy who used to be my boyfriend but I found him with another girlfriend. I ended the
relationship. But he comes to me and tells me that we should reconcile or else he will
beat me up if I do not give him back the gifts he was buying for me. He has beaten me
twice and threatens to kill me if he finds me with another man. What can I do because I am
afraid of being beaten? I rarely leave the house because I fear meeting him. Help me
please.
Yours,
Mary Kalulu, Kabwe.
Dear Mary,
Your former boyfriend has
committed a crime by beating you. This is what is called common assault in criminal law.
You should report the incidents to the police for them to open a docket and prosecute your
former boyfriend.
For your case to be
successfully prosecuted, there is need for evidence such as oral evidence by people who
witnessed the beatings and medical evidence to show the type of injuries and the extent of
the injuries.
If you desire, you can also
sue your former boyfriend for assault and battery as a civil case. You can start the case
in the subordinate court. Your former boyfriend has no right whatsoever to stop you from
getting another boyfriend. Should he persist with his threats of beating you up or killing
you, you apply for an injunction to restrain him from coming to your home or workplace or
anywhere near.
Should he fail to comply
with the restraining order, you will make a further application for him to be committed to
prison, for he will have committed contempt of court.
A person who threatens
another with death commits an offence called threatening violence.
Advisor. |
