Interstate Succession Act
340.
Section 5 of the Interstate Succession Act, Chapter 59, regulates the
distribution of property to beneficiaries where a person dies intestate.
It
provides that “ (a) twenty per cent of the estate shall devolve upon the surviving spouse; except
that where more than one widow survives the intestate, twenty per cent of the
estate shall be distributed among them proportional to the duration of their
respective marriages to the deceased, and other factors such as the widow's
contribution to the deceased's property may be taken into account when justice
so requires;
(b)
fifty per cent of the estate shall devolve upon the children in such proportions as
are commensurate with a child's age or educational needs or both;
(c)
twenty per cent of the estate shall devolve upon the parents of the deceased;
and
(d)
ten per cent of the estate shall devolve upon the dependants, in equal shares.”
Wills and Administration of Testate Estate Act
341.
The Wills and Administration of Testate Estate Act, Chapter 60 regulates
the administration of wills and their enforcement.
B.
JUDICIAL MEASURES
342.
In the case of Zambia National Holdings and United National
Independence Party Vs Attorney-General SCZ No. 3 /1994, the
appellants petitioned the High Court challenging a decision by the
respondent to acquire compulsorily the appellants land under the newly
amended Lands Acquisition Act.
343.
Shortly after the institution of the proceedings, the appellants applied for
an interlocutory injunction to restrain the respondent, the servants or
136