Wlsa sees gaps in new deceased estate law

Women and Law in Southern Africa (Wlsa) Malawi has said there are still gaps on the  enforcement of the recently amended Deceased Estates (Wills, Inheritance and

Protection) Act despite Parliament fixing several weaknesses in the legislation in 2011.

Speaking in an interview on Wednesday on the sidelines of a workshop for Northern and Central regions’ magistrates on the new law in Lilongwe, Wlsa executive director Seodi White said while the new law is progressive, it still has gaps on how to deal with some cultural traditions.

She said: “The new law is a highly progressive piece of legislation. The main gap is that the law is still grappling with how to deal with patrilineality and matrilineality in terms of its enforcement.”

Several magistrates attending the workshop said in some areas, especially in the Northern Region, women are still not allowed to own land in their original villages when they are married out, thereby making them vulnerable to exploitation and suffering when their husbands die.

White said Wilsa also engaged Supreme Court of Appeal and High Court judges on the amended deceased estates law last year to ensure women get the required protection from the courts when they face injustices after death of their husbands.

She said Wlsa will have another workshop for magistrates in the Southern Region in September, adding they are also engaged in a media campaign to sensitise the masses to contents of the amended legislation and women rights.