Abstract
INTRODUCTION Gender equality is a fundamental principle of the democracy1 . Zimbabwe has a dual legal system2 in which the general law and customary law are applicable in inheritance and succession matters3 . The inheritance pattern is determined by the marriage regime whether one is married under customary law or general law4 . Intestate inheritance under the general law is governed by Section 3(A) of the Deceased Estates Succession Act5 , which provides for the surviving spouse and children as the major beneficiaries of the estate. The surviving spouse is entitled to inherit the house in which he or she lived “immediately before” death of the deceased. It is trite to note that before the Amendment 6/97, inheritance of Africans who were married under civil rights were governed by customary law6 . The male primogeniture rule was dominant under customary law and a widow had no capacity to inherit from her husband’s estate and hence she could not be appointed intestate heir7 . Stewart8 describes the inheritance as follows, ‘the intestate estate of a deceased African male would go to his eldest son as his heir or in the absence of a son to the nearest male
KAMEMA, T (2021). Intestate Succession And The Spousal Right To The Matrimonial Home In Zimbabwe. Afribary. Retrieved from https://afribary.com/works/intestate-succession-and-the-spousal-right-to-the-matrimonial-home-in-zimbabwe
KAMEMA, TARISAI "Intestate Succession And The Spousal Right To The Matrimonial Home In Zimbabwe" Afribary. Afribary, 06 May. 2021, https://afribary.com/works/intestate-succession-and-the-spousal-right-to-the-matrimonial-home-in-zimbabwe. Accessed 22 Nov. 2024.
KAMEMA, TARISAI . "Intestate Succession And The Spousal Right To The Matrimonial Home In Zimbabwe". Afribary, Afribary, 06 May. 2021. Web. 22 Nov. 2024. < https://afribary.com/works/intestate-succession-and-the-spousal-right-to-the-matrimonial-home-in-zimbabwe >.
KAMEMA, TARISAI . "Intestate Succession And The Spousal Right To The Matrimonial Home In Zimbabwe" Afribary (2021). Accessed November 22, 2024. https://afribary.com/works/intestate-succession-and-the-spousal-right-to-the-matrimonial-home-in-zimbabwe