1.   Short title


   2.   Interpretation


   3.   Act not to apply to estates administered in accordance with customary law


   4.   Amendment of law of intestacy


   5.   Variation


   6.   Power of court to order payment out of net estate of deceased for benefit of surviving spouse or child


   7.   Matters for consideration of court


   8.   Time within which application must be made


   9.   Effect and form of order


   10.   Variation of orders


   11.   Act not to affect certain exemptions from transfer duty



Act 66, 1970.

An Act to amend the law relating to estates of deceased persons and to provide for matters ancillary thereto or connected therewith.

[Date of Commencement: 14th December, 1970]


1.   Short title

   This Act may be cited as the Succession (Rights of the Surviving Spouse and Inheritance Family Provisions) Act.


2.   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "annual income" means, in relation to the net estate of a deceased person, the income that the net estate might be expected at the date of the making of an order under section 6, when realized, to yield in a year;

   "court" means the High Court of Botswana;

   "death duties" means estate duty and every other duty leviable or payable on death;

   "net estate" means all the property of which a deceased person had power to dispose by his will (otherwise than by virtue of a special power of appointment) less the amount of his funeral, testamentary and administration expenses, debts and liabilities and estate duty payable out of his estate on his death;

   "son" and "daughter" include the son or daughter of the deceased en ventre sa mère at the date of the death of the deceased;

   (2) For the purposes of this Act any relationship by adoption under the provisions of the Adoption of Children Act shall be equivalent to blood relationship.


3.   Act not to apply to estates administered in accordance with customary law

   The provisions of this Act shall not extend to the estate of any person who dies either wholly or partly intestate where the rights of succession to such estate are determinable in accordance with customary law.


4.   Amendment of law of intestacy

   (1) The surviving spouse of every person who, after the commencement of this Act, dies either wholly or partly intestate is hereby declared to be an intestate heir of the deceased spouse according to the following rules-


   (a)   if the spouses were married in

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