Intestate succession

Sierra Leone — Court of Appeal · 2015

Principle established: Under the Devolution of Estates Act 2007, children born out of wedlock are not discriminated against and are entitled to share in the residue of their father's estate.

Sierra Leone — Court of Appeal · 2015

Principle established: An appeal regarding the sale of property within an intestate estate may be struck out or dismissed if it is found to have been filed irregularly.

Sierra Leone — African Law Reports · 1970-71

Principle established: A devise of property to a person until marriage with a gift over upon marriage creates neither a fee simple nor a life interest if the devisee dies unmarried.

Sierra Leone — Supreme Court · 1961

Principle established: Assets of an intestate estate devolve on surviving next of kin, and estate assets will not be ordered realised without evidence demonstrating necessity for administration purposes.

Sierra Leone — Supreme Court · 1970

Principle established: A testamentary gift of property until marriage with a gift over upon marriage fails if the beneficiary dies unmarried, passing as on intestacy in the absence of a residuary clause.

Uganda · 2015

Principle established: A beneficiary may be estopped from challenging estate distribution if they have acquiesced to another's possession and use of the property for a significant period.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined the validity of a property sale by administrators of an intestate estate and the subsequent claim for recovery of possession against occupants.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined the validity of a property sale by administrators of an intestate estate and the subsequent claim for recovery of possession against occupants.

Sierra Leone — Court of Appeal · 1973

Principle established: Under the Administration of Estates Act, only children of deceased brothers and sisters of an intestate take per stirpes; the statutory right does not extend to grandchildren.

Sierra Leone — African Law Reports · 1972-73

Principle established: Under the Administration of Estates Act, representation per stirpes for deceased siblings of an intestate deceased extends only to their children and not to grandchildren.

Sierra Leone — Supreme Court · 1970

Principle established: A devise made to a beneficiary until marriage with a gift over on marriage does not confer a fee simple or life interest if the beneficiary dies unmarried.

Sierra Leone — African Law Reports · 1950-56

Principle established: Under Kroo customary law, when a member of the tribe dies intestate, all his children by lawfully priced wives are entitled in equal shares to his property to the exclusion of any widow and her relatives.

Sierra Leone — Court of Appeal · 2015

Principle established: A High Court judge may reserve a question of law for the consideration of the Court of Appeal by stating a case under the Courts Act.

Sierra Leone — Court of Appeal · 2015

Principle established: Questions of law arising in estate administration matters, such as the sale of property, may be referred to the Court of Appeal for determination via a stated case.