Any person that is eighteen years of age and of sound mind, may leave upon death as a gift a portion of his estate to any individual taking into account the disposable portion provisions of the Wills and Successions Law CAP. 195 is Section 41 hereinafter:
“Disposable portion – Section 41.
(1) Save as in section 42 of this Law provided, where a person dies leaving:
- A spouse and child, or a spouse and a descendant of a child, or no spouse but a child or a descendant of a child, the disposable portion shall not exceed one-fourth of the net value of his estate;
- A spouse or a father or a mother, but no child nor descendant thereof, the disposable portion shall not exceed one-half of the net value of his estate;
- Neither spouse, nor child nor descendant of a child, nor a father, nor a mother, the disposable portion shall be the whole of his estate.
(2) Where a person has purported to dispose by will of a part of his estate in excess of the disposable portion, such disposition shall be reduced and abated proportionally so as to be limited to the disposable portion.”
The Law has in place a FORCED HEIRSHIP rule on the immediate family members of a deceased which safeguard them from complete disinheritance.
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