Estates and Inheritance – The Hot African Issue (Part 2 of 2)
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Check -out for Part 1 of the article here:
https://www.tapiwazuze.com/2019/06/estates-and-inheritance-hot-african.html
Inheritance is a practice of passing property,
titles, debts, rights and other obligations upon death of an individual to a
rightful heir. What usually forms the centre of most contestations, is what
defines “rightful”.
The rules of inheritance differ between societies,
jurisdictions and change over time. The law of inheritance differs depending on
whether it is considered under customary law or under general law. Ordinarily,
inheritance issues revolve around land, money and in some cases the surviving
wife or wives.
Traditionally, the heir is usually the first male
child. Where none exists or where one is still too young to make decisions,
inheritance is passed on to a male relative of the deceased. But this practice
often results in neglect and in some cases destitution for the family of the as
there is usually nothing reserved for women under this arrangement.
The more enlightened ones write a will before they
depart, which at times result in lots of quarrels, which are settled by the
courts as the family members fail to agree. Most of these disputes arise
because the husband and wife would not have discussed what is to be done in the
event one passes away.
Sekuru Friday Chisanyu, a traditionalist, said men
do not want to write a will because of fear and at times cultural reasons.
“To them
inheritance is a secret which should not be discussed before death and a will
is not a priority”, he said. “This
is the same reason why some greedy relatives think they should inherit all that
has been left by the deceased, mistreating widows and orphans,” he added.
In Zimbabwe, the will is a very critical document
that is recognised by the laws of the land for it helps on matters to do with
inheritance.
Surprisingly, people are not keen to write wills
to guide families in the event of death. Probably the fear arises out of
letting close relatives know that one has a will, even if they do not divulge
the details contained therein? Is it a sacred item that must be kept a secret
from the rest of the family? At what stage is it prudent to prepare a will,
only when one is “rich” or the moment
one acquires a few assets?
Who should be the torch-bearers in the
conscientisation of the members of the public about the significance of a will
or just the law of inheritance?
One prominent sociologist said that there are more
disputes these days mainly because people are now living in a money-obsessed
culture. “The opportunity to obtain money
overrides ethical behaviour around the source of the money”, the sociologist
said. “Adults should openly talk to their
children about their wealth and how they expect it to be shared”.
But one elderly said that it is laziness and
greedy that drive disputes when distributing property of the deceased.
Accredited to Emmanuel Kafe
Writing for The Sunday Mail (Zimbabwe)
Adopted and edited by Tapiwa Zuze
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