Mofolo v Ramatlapeng (CIV/APN 23 of 16)
Mofolo v Ramatlapeng (CIV/APN 23 of 16) [2020] LSHC 55 (21 August 2020)
Applicants failed to prove, on a balance of probabilities, that the late Thomas MoFolo had abandoned customary life and was married by civil rites; thus, customary law applies to the estate. The appointment of Pepenene MoFolo as sole heir was irregular, but the estate must be distributed according to customary law, not intestate succession. Interdicts against the 1st respondent's dealings with the estate are granted, but equal distribution under intestate succession is refused.
Source excerpt
- Intestate succession
- Customary heirship
- Mode of life test
- Locus standi
- Distribution of estate
- Interdicts