The High Court has affirmed that a woman may still qualify as a lawful beneficiary of a deceased partner’s estate, even if their marriage was contracted while the man was still legally married to another woman.
In a ruling, Justice Hilary Chemitei stated that Section 3(5) of the Law of Succession Act safeguards the inheritance rights of such spouses and their children, regardless of whether the marriage itself is considered legally invalid.
The judge explained that succession law is distinct from marriage law, meaning a marriage that may not meet legal validity requirements can still give rise to inheritance rights under the law.
The case arose after a woman’s claim to a deceased man’s estate was contested on the grounds that he had entered into a relationship with her before dissolving his first monogamous marriage.
Court proceedings revealed that the deceased had married his first wife in 1987, with the union only being legally dissolved through divorce in 2020. However, before the divorce, he had participated in a customary marriage ceremony with the objector in 2015 and later formalised that relationship through a civil marriage in Tanzania.
In its decision, the court upheld the woman’s right to be recognised in the succession proceedings, reinforcing legal protections for spouses and children in similar inheritance disputes.
