Succession Act Amendment 2021

SUCCESSION ACT AMENDMENT 2021

Introduction:

Before men start walking heads high and chest thumping in regards to their hard earned properties we need to pause and see how the succession Act amendments have taken a toll on men. I have nothing against women, but you will well understand this when you attend court for an objected succession case.

On 17th November 2021, the President signed into law the law of succession (Amendment) Bill, 2019 which is now referred to the Law of Succession (Amendment) Act 2021.

The amended sections

The new definition of the term “spouse” as has been done to section 3 of CAP 160, defines a spouse to mean a husband or a wife or wives recognized under the Marriage Act, 2014. Now this brings into play Marriage Act which was amended in 2014 clearly explaining the types of marriages, thus acceptance of wives in the Law of Succession 2021 Amendments.

This amendment has done away with the inclusion of former wives of a deceased in the inheritance thereby confining itself to the current and existing spouse.

Secondly, Section 29 of the Law of Succession Act, has received a further amendment in defining who a Dependant is. It thus defines a dependant and reads, –

• The spouse and children of the deceased whether or not maintained by the deceased immediately prior to his death; and
• Such of the deceased’s parents, step parents, grandparents, grandchildren, step-children, children whom the deceased had taken into his family as his own, brothers and sisters, as were being maintained by the deceased immediately prior to his death.

A further amendment has been introduced in section 29(2) which reads:-

A person not named in this section shall not be a dependant for the purpose of this act unless the person proves maintained by the deceased for a period of two years prior to the deceased’s death.

Conclusion

Amendments are always brought to cure an act which has not been favorable. The above sections have their pros and cons but they are not always cast on stone. I say so because the operational constitution gives room for a petition to declare a certain section/s as an illegality if someone feels it offends. Until then, we remain with the above amendments in our Law of Succession.

The parting shot would be section 29(2) as amended with the following questions to ponder:-

1. Who will fit in the bracket of the dependant here?
2. What does maintaining herein mean?
3. Has this cured section 3 as amended?