Introduction

The Administration of Estates & Inheritance Act 2024 is a long-awaited legislative reform that updates inheritance laws in Lesotho. It revises how estates are administered, distributed, and managed upon the death of an individual or in cases involving minors, persons under curatorship, mentally incapacitated individuals, and others who cannot tend to their own affairs. Crucially, this Act also regulates wills, beneficiary rights, and related legal matters—an important shift in ensuring fair and equitable estate distribution in modern Lesotho.

1. Wills Under the Act

A key focus of the 2024 Act is the formalization of wills, providing clarity on their content, form, and legal requirements.

1.1 Requirements for a Valid Will

The Act stipulates that any valid will must:

1. Be legibly handwritten or typed and signed
2. Be signed by the testator at the foot of each leaf
3. Be signed in the presence of two competent witnesses over 18, who also sign in the presence of the testator and each other
4. Be dated and include a revocation clause
5. State the full names, nationality, identity number, addresses, and marital status of the testator
6. Include the full names and identity number of the witnesses

1.2 Competence to Make a Will

The Act clarifies that any person 18 or older who owns property and is mentally capable of understanding the nature of their actions can make a will. Moreover, the law provides that married and unmarried couples can make mutual wills—a significant step in recognizing modern partnership arrangements outside of traditional marriage.

2. Abolition of the Customary Law Heir

One of the most impactful changes is the abolition of the customary law heir. Previously, inheritance under customary law often designated a first-born son or male relative as the sole heir. Under the new Act:

“The customary law on inheritance and allocation of property to an heir shall not be applicable to an estate of the deceased person.”

Instead, all children of the deceased—male or female, regardless of age—inherit equally, unless a will or written instructions dictate otherwise. This extends to polygamous marriages, ensuring every child in each household has an equal share of the deceased’s estate. This reform eradicates the gender bias of customary law and addresses longstanding inheritance injustices.

3. Protection of Vulnerable Persons

The Act specifically aims to protect vulnerable heirs, such as orphaned children:

• A child whose deceased parent’s estate was inherited by paternal uncles under customary law before the Act’s commencement is now entitled to that property.
• Upon the paternal uncle’s death, the child can inherit from the uncle’s estate to the extent of the child’s share.

This provision helps prevent orphaned children from being left destitute when extended family members inherit property without accountability. 

4. Position on Spouses

Under the Administration of Estates & Inheritance Act 2024, a surviving spouse retains many of the rights outlined in previous legislation. If the deceased leaves descendants, the spouse inherits the equivalent of one child’s share. If there are no descendants, the spouse becomes the sole heir. This continuation affirms the marital right to inheritance and security for the surviving spouse.

5. Controversy on Illegitimate Children

A key debate during the legislative process revolved around children born out of wedlock:

• The National Assembly proposed that a child born outside of marriage could inherit from the biological father if evidence of maintenance by the father existed.
• It also suggested that a child born out of wedlock should inherit a child’s share from the mother, regardless of the mother’s marital status.

Members of Parliament (MPs) and many principal chiefs rejected these clauses, citing the need to protect the “sanctity” of children born in formal marriages. Human rights activists criticized this rejection, advocating for the rights of illegitimate children who risk continued discrimination under current inheritance laws.

6. Key Highlights of the Act

To summarize, the Administration of Estates & Inheritance Act 2024 introduces several groundbreaking reforms:

1. Abolishment of the Customary Law Heir
   • Ensuring all children (male and female) inherit equally, regardless of marital status or birth order.
2. Formalization of Wills
   • Providing clear guidelines for drafting, signing, and witnessing wills.
3. Inclusion of Female Children and Siblings
   • Equal shares in the inheritance of land and property for sons, daughters, and siblings alike.
4. Protection of Vulnerable People
   • Safeguarding orphaned children from unjust dispossession and supporting them in inheritance claims.
5. Rights of Surviving Spouses
   • Allowing spouses to inherit a child’s share, or become sole heirs if no direct descendants exist.
6. Recognition of Cohabitation
   • Extending the possibility for mutual wills to married or unmarried couples, reflecting modern family structures.

Conclusion

The Administration of Estates & Inheritance Act 2024 is a forward-looking piece of legislation that modernizes inheritance law in Lesotho. By abolishing the customary law heir, recognizing equal inheritance rights for all children, and providing avenues for vulnerable individuals to protect their shares, the Act signifies a major step toward fairness and equity. Although debates on illegitimate children remain unresolved, the Act generally paves the way for a just distribution of estates, ensuring that no one is unjustly disenfranchised under the pretext of tradition.

Disclaimer: This article is intended for informational purposes only. For personalized advice on how the Administration of Estates & Inheritance Act 2024 may affect your estate or inheritance rights, consult a qualified legal professional or the relevant government authorities in Lesotho.

References

Administration of Estates & Inheritance Act 2024

Committee on Law and Public Safety Cluster (2024) Report on the Administration of Estates and Inheritance Bill, 2024 Lesotho National Assembly

https://nationalassembly.parliament.ls/wp-content/uploads/2024/03/Report-on-the-Administration-of-Estates-and-Inheritance-Bill-2024-.pdf

Mathatisi Sebusi, (2024, April 4^th) ‘Uproar over Inheritance Act.’ Lesotho Times

https://lestimes.com/uproar-over-inheritance-act/