Devolution of Estates Act, 2007
A landmark Act reforming inheritance law in Sierra Leone to protect the rights of widows, widowers and children in the distribution of a deceased person's estate.
Summary
The Devolution of Estates Act, 2007 reformed the law of inheritance in Sierra Leone, particularly for persons who die without a will (intestate). It was enacted as part of the 'gender justice' reforms to strengthen the property rights of women and children.
The Act provides a scheme for the distribution of a deceased person's estate that protects the surviving spouse (widow or widower) and children, giving them defined entitlements and rights to remain in the family home. It restricts practices that deprived widows and children of their inheritance under some customary rules, and creates offences for wrongfully depriving them.
It applies to estates whether the deceased was subject to the general law or to customary law, marking an important step towards equality in inheritance.
Main provisions
- Reforms the distribution of estates, especially on intestacy.
- Protects the inheritance rights of surviving spouses and children.
- Gives the surviving spouse and children rights in the family home.
- Restricts customary practices that deprived widows and children of inheritance.
- Creates offences for wrongfully depriving a spouse or child of inheritance.
- Applies to estates under both the general law and customary law.