The Succession Amendment Act of 2022 is a legislative amendment aimed at updating and aligning the existing Succession Act, Cap. 162, with the Constitution. The preamble outlines the key objectives and changes that this Act seeks to achieve:
1. Gender Equality: The Act aims to ensure gender equality in matters of succession in accordance with Articles 21 and 33 of the Constitution. This means that both male and female heirs should be treated equally in matters of inheritance.
2. Repealing Unconstitutional Sections: The Act seeks to repeal sections of the existing Succession Act that have been declared unconstitutional by the Constitutional Court.
3. Refining the Definition of Customary Heir or Heiress: Discriminatory language and practices concerning customary heirs or heiresses are to be removed, promoting fairness and equal treatment.
4. Protection of Principal Residential Property: The Act introduces provisions to safeguard the principal residential property for the benefit of the surviving spouse and lineal descendants. This ensures that they have secure housing and shelter.
5. Revision of Percentages of Distribution of the Estate: The Act updates the percentages of distribution of the estate of an intestate (a person who dies without a valid will) to ensure a fair and equitable distribution among beneficiaries.
6. Appointment of Guardian for a Child: The Act empowers either parent to appoint a guardian for their child, providing legal recognition and protection for such appointments.
7. Powers and Duties of a Guardian: The Act outlines the powers and responsibilities of a guardian concerning the care and well-being of the child under their guardianship.
8. Modern Terminologies and Definitions: Outdated and offensive terms like "lunatics" and "insane" are repealed, and modern terminologies for persons suffering from mental illness are introduced, promoting respectful language and attitudes. Divisions of children along lines of legitimacy to classify children born in and out of wedlock are also devoided by the Act.
9. Duration of Probate and Letters of Administration: The Act provides clarity on the duration of probate (the process of proving a will's validity) and letters of administration (when someone dies without a will).
10. Enhancement of Penalties and Prescribing Penalties: Certain offences related to succession will have increased penalties and new penalties are prescribed for contravention of the Act.
Overall, the Succession Amendment Act of 2022 aims to modernize and improve the existing Succession Act, bringing it in line with constitutional principles, promoting gender equality, removing discrimination, and protecting the rights of various stakeholders involved in matters of succession and inheritance.
Download the Pdf version of the Succession Amendment Act, 2022 below.