Libuseng Seokho V Sepinare Seokho & 7 Others (CIV/APN/0311/2023) [2024] LSHC 74 (14 November 2024)

Libuseng Seokho V Sepinare Seokho & 7 Others (CIV/APN/0311/2023) [2024] LSHC 74 (14 November 2024)

The deceased could not unilaterally dispose of property forming part of the joint estate by will without the applicant's consent; such unilateral disposition is void under the Legal Capacity of Married Persons Act and the Land Act.

Citation
[2024] LSHC 74
Parties
Applicant: Libuseng (Nee Maanela) Seokho; 1st Respondent: Sepinare Seokho; 2nd Respondent: Lekhooa Chakache; 3rd Respondent: Topollo Seokho; 4th Respondent: Tsitso Chakache; 5th Respondent: Land Administration Authority; 6th Respondent: Master of the High Court; 7th Respondent: Attorney General; 8th Respondent: Palo Gabriel Khachane
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 November 2024
Case Number
CIV/APN/0311/2023
Procedural Posture
Civil Application / Judgment
Outcome
Application partially granted; will declared null and void; applicant declared lawful wife and entitled to inherit; estate to be administered per statute; no order as to costs.
Legal Topics
Community of Property, Wills and Testaments, Intestate Succession, Spousal Rights, Administration of Estates
Source Language
English
Family Law Succession Law Property Law Community of Property Wills and Testaments Intestate Succession Spousal Rights Administration of Estates

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Parties

Libuseng (Nee Maanela) Seokho

Applicant

Sepinare Seokho

1st Respondent

Lekhooa Chakache

2nd Respondent

Topollo Seokho

3rd Respondent

Tsitso Chakache

4th Respondent

Land Administration Authority

5th Respondent

Master of the High Court

6th Respondent

Attorney General

7th Respondent

Palo Gabriel Khachane

8th Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether property bequeathed by the deceased formed part of the joint estate with the applicant
  2. 2 Whether a spouse married in community of property can unilaterally dispose of joint estate property by will without the other spouse's consent

Ratio Decidendi

The deceased could not unilaterally dispose of property forming part of the joint estate by will without the applicant's consent; such unilateral disposition is void under the Legal Capacity of Married Persons Act and the Land Act.

Court Disposition

Application partially granted; will declared null and void; applicant declared lawful wife and entitled to inherit; estate to be administered per statute; no order as to costs.

Orders

  • The last will and testament of the late Mokhethi Seokho registered on 11 January 2017 is declared null and void ab initio.
  • The applicant is declared to be the lawful wife of Mokhethi Seokho with rights to inherit from his estate subject to the Administration of Estates and Inheritance Act 2024.