Conflict of Laws: Analysis of The Rights of an Heir Under Lesotho Customary Laws and Common Law Prescripts

Abstract

This paper discusses the rights of the heir under Basotho Custom. The paper depends on secondary data sources, namely the laws and status of Lesotho, statutes and academic literature as the main sources of data. Information derived from various sources was contextually analysed and presented in the form of logical arguments. Based on the data gathered, the general overview of the heir and the relevant authorities from which his rights are derived is discussed. The paper also discusses in depth the validity of written instructions or wills vis-à-vis the customs, traditions and practices of the people of Lesotho. This is followed by arguments about the determination of who becomes an heir under specific circumstances surrounding the facts given and lastly the rights of the heir against any imaginable parties is discussed.