Godknows Theko (University of Botswana – Department of Law) recently published, The Nexus between Marriage & Succession Laws: Dissecting Estate Allocation and Governance in Botswana, 2024. Provided below is an Abstract:
Navigating the intricate web of estate administration and distribution post-mortem is a critical discourse in the ever-expanding realm of jurisprudence. The Republic of Botswana has witnessed a significant development in case law pertaining to this matter. At the heart of these discussions is the crucial question of identifying the rightful heirs—a topic that gains an added layer of complexity when the lineage of children is scrutinized, sparking debates over their rightful inheritance. This issue has not only piqued the interest of legal scholars but has also become a touchstone of deliberation within the august courtrooms, where justice has been meticulously weighed and dispensed.
The courts pronouncements have shed light on the intricate dance between the intertwined strands of customary and common law in matters of succession and inheritance, all set against the context of marital unions and the commanding presence of the renowned Form B.
The aim of this article is to capture and convey the judicial acumen that has emerged from Botswana's courts, embarking on a jurisprudential voyage through the complexities of succession and inheritance. It endeavours to do so with a narrative enriched by the storied language of legal aphorisms and maxims, echoing the timeless edict 'Fiat justitia ruat caelum'—let justice be done though the heavens fall.