As Lesotho’s society continues to evolve with growing urbanisation, changing family dynamics, and a rising number of estate-related disputes, questions around inheritance and estate administration have become more important than ever. What happens when a loved one passes away? Who inherits their property? And what legal rights do surviving family members have, especially when no will has been left behind?
In Lesotho, the way an estate is handled depends heavily on whether the deceased had a valid will. If not, they are considered to have died intestate, meaning the distribution of their assets is determined by law, not by personal wishes. Without proper estate planning, families are often left facing confusion, delays, and in some cases, conflict.
To address these challenges, Lesotho has introduced sweeping changes through the Administration of Estates and Inheritance Act No. 2 of 2024, which came into effect on 2 April 2024. This progressive legislation replaces outdated laws and introduces a more efficient, inclusive, and transparent system for managing estates. It takes into account modern family structures, equal rights, and the need for stronger legal safeguards in both civil and customary law settings.
The Act repeals several outdated statutes some of which had been in force since the 1800s and brings all matters of inheritance under a single, unified legal framework. From this point forward, any estate reported after 12 July 2022 (the effective date of the preceding amendment) will be managed under the 2024 Act, including wills made before its enactment.
Among the key highlights of the new law is the recognition of equal inheritance rights for all children, regardless of gender or the marital status of their parents. Whether the parents were married under customary or civil law, or not married at all, all children now have the same legal standing when it comes to inheriting from their parents’ estate. This reform is a significant move toward fairness and gender equality in Lesotho’s inheritance system.
The law also enhances the role of the Master of the High Court, who now oversees all intestate estates, customary and civil alike, ensuring consistency in how estates are administered. This is a major shift from the previous system, which limited the Master’s powers and led to fragmented and inconsistent handling of estates, especially in customary law cases.
Additionally, the new Act introduces detailed procedures for distributing estates, paying creditors, and managing land and other property. For example, it now allows joint inheritance of land among children, a new development that could have far-reaching implications when interpreted alongside the Land Act of 2010.
Recognising the reality of blended families and remarriages, the Act introduces an accrual system to protect the property of minor children from previous marriages. This means that assets from a prior marriage are shielded from claims under a new marriage, ensuring that children’s inheritance is protected, upholding the Sesotho principle Malapa ha a jane, meaning one household may not inherit from another.
The Act also standardises the drafting and registration of wills, offering clear guidelines and legal certainty for individuals who wish to plan their estates. It further acknowledges the legitimacy of written instructions from those practicing customary rites, balancing traditional values with formal legal structures.
To ensure efficient administration, the law introduces classification of estates by value, allowing smaller estates to be wound up more swiftly by the Master. It also introduces protections for vulnerable persons, including those with mental or physical impairments, ensuring that every person’s estate is handled with dignity and legal protection.
Importantly, the new Act works alongside the Harmonization of the Rights of Customary Widows with the Legal Capacity of Married Persons Act No. 15 of 2022, which finally gives customary widows full recognition as equal partners in the joint estate. Upon their death, the 2024 Act ensures that all children of the deceased, regardless of gender or legitimacy, inherit equally. A revolutionary shift from past prejudices embedded in customary law and historic court rulings.
The Administration of Estates and Inheritance Act, 2024, is a major milestone in Lesotho’s legal development. It promotes a more balanced, fair, and modern approach to inheritance, bringing certainty to families and dignity to those left behind. As more Basotho acquire property, operate businesses, or hold valuable assets, the importance of estate planning has never been clearer.
If you haven’t yet drafted a will or discussed your estate with your loved ones, now is the time. This law empowers every Mosotho to protect their legacy and ensure their wishes are honoured, regardless of how complex their family or financial situation may be.
Let’s start the conversation. Estate planning is no longer just for the wealthy, it’s a necessity for every family in today’s Lesotho.