The issue of the settlement of a deceased estate is a significant concern in Malawi. In such circumstances, upon the death of the male head of a family, the distribution of his assets is done along tribal lines. This means that the deceased’s male relatives demonstrate their right to the entire estate, and often take everything.
Miscarriages of justice in deceased estates
With no rights, the deceased’s wife can be left destitute. The law is clear that this should not be allowed to happen, but cases have gone to court and the law has not been implemented in the woman’s favour.
Lawyers for Good is working on a research project to review the deceased estates law and instances where there has been a miscarriage of justice.