Khasake-Mokhethi v Moloi (CIV/APN 73 of 13) [2013] LSHC 86 (22 August 2013)

Khasake-Mokhethi v Moloi (CIV/APN 73 of 13) [2013] LSHC 86 (22 August 2013)

The will is invalid because it fails to comply with the mandatory requirements of sec 3(b) of the Administration of Estates Proclamation No. 19 of 1935, as the testatrix did not expressly state abandonment of African custom; thus, the estate must devolve in accordance with customary law.

Citation
[2013] LSHC 86
Parties
Applicant: ‘Mantsubise Khasake-Mokhethi; Applicant: Pusetso Khasake-Malakoane; Respondent: Tsabalira Moloi; Respondent: Seithati Nale-Masupha; Respondent: Chemane Nale; Respondent: Nthati Mokitimi; Respondent: Mosiuoa Khasake; Respondent: Standard-Lesotho Bank; Respondent: Nedbank Lesotho Limited; Respondent: Central Bank of Lesotho; Respondent: Land Administration Authority; Respondent: Master of the High Court; Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
22 August 2013
Case Number
CIV/APN 73 of 13
Procedural Posture
Originating Motion (application) / Judgment
Outcome
Will declared invalid; estate to devolve under customary law; no declaration of customary heirs; no order as to costs.
Legal Topics
Validity of Wills, Customary Succession, Freedom of Testation, Inheritance of Matrimonial Property, Gender Discrimination in Inheritance, Jurisdiction of Courts in Succession Matters
Source Language
English
Succession Law Customary Law Land Law Constitutional Law Validity of Wills Customary Succession Freedom of Testation Inheritance of Matrimonial Property +2 more

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Parties

‘Mantsubise Khasake-Mokhethi

Applicant

Pusetso Khasake-Malakoane

Applicant

Tsabalira Moloi

Respondent

Seithati Nale-Masupha

Respondent

Chemane Nale

Respondent

Nthati Mokitimi

Respondent

Mosiuoa Khasake

Respondent

Standard-Lesotho Bank

Respondent

Nedbank Lesotho Limited

Respondent

Central Bank of Lesotho

Respondent

Land Administration Authority

Respondent

Master of the High Court

Respondent

Attorney General

Respondent

Procedural Posture

Originating Motion (application) / Judgment

Legal Issues

  1. 1 Whether the will executed by S. M. Khasake is valid under sec 3(b) of the Administration of Estates Proclamation No. 19 of 1935
  2. 2 Whether the estate should devolve under customary law or statute
  3. 3 Whether a married woman can bequeath matrimonial land to her maiden relatives

Ratio Decidendi

The will is invalid because it fails to comply with the mandatory requirements of sec 3(b) of the Administration of Estates Proclamation No. 19 of 1935, as the testatrix did not expressly state abandonment of African custom; thus, the estate must devolve in accordance with customary law.

Court Disposition

Will declared invalid; estate to devolve under customary law; no declaration of customary heirs; no order as to costs.

Orders

  • The will is declared invalid.
  • The estate is to devolve in accordance with customary law.