30/06/2026
⚖️ Can Customary Law Override a Written Will?
This is a question that often causes confusion and the answer is not always straightforward.
Generally, where a person has made a valid Will, the law gives effect to the wishes expressed in that Will. However, there are situations where the applicable law, including customary law or statutory provisions, may affect how certain parts of an estate are dealt with.
Whether customary law applies depends on several factors, including:
Whether the Will is legally valid.
The nature of the property involved.
The applicable succession laws.
The specific facts of the case.
This means that not every family tradition can override a properly executed Will, and not every Will is immune from legal challenge.
If there is a conflict between a Will and customary law, it is ultimately for the court to determine the legal position based on the facts and the applicable law.
⚖️ The safest approach is to seek legal advice rather than relying on assumptions or family customs when dealing with inheritance matters.