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The Law of Inheritance and the Best Interest of the Child in Botswana

JFT 3/2008 s. 335–347
15.6.2008
Lyhyempi kirjoitus

The objective of this paper is to investigate whether the law of inheritance and the execution of wills in Botswana provide an environment which is conducive and fosters the best interests of the child. This investigation is by and large prompted by the high incidence of death due to the HIV-AIDS1 pandemic and other related illnesses as well as the reluctance of the generality of people to execute wills. The paper will deal with the issue of best interest of the child in the law of inheritance or succession. This will be approached from two view points, that is testate succession (whereby a person leaves a will in which specific written instructions on how his/her estate is to be distributed upon his/her death are given) and intestate succession in which a person dies without leaving any will or instructions and by which the devolution of his/her property would be effected in accordance with rules of intestate succession.

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