1. This morning we looked at wills & will writing but that is not the only component of inheritance. You can either die with a will or without one. Those who die without die intestate. And intestate comes in 3 ways.
2. a) If a person dies quiet a valid will,
b) if the person appointed to benefit from a will dies first & no substitution of heir is made
c) if the person appointed cannot take under a will.
The law focuses on the rights of the surviving spouse and the child if there is no will.
3. 2 major things affect intestate succession and these are date of death and marital status. This is because the current law ONLY affects people who died after 1 Nov 1997 & there are different laws that affect married & single people at death. The type of marriage applies too.
4. If you are married in terms of general law or what was once called ‘-Chapter 37’ & now ‘Chapter 5:11 or are married under ‘Chapter 5:07’ which is a registered customary marriage (muchato wekamudzviti) the Deceased Estates Succession Act applies. It’s only for registered 💍
5. If you are married under an unregistered customary law union (UCLU) which means having the traditional wedding without registration, the Administration of Estates Act applies. I don’t want to labour you with the technicalities but the distinction is very important.