Who inherits without a will in Eswatini?

The Roman-Dutch common law, usually set out in an intestate succession or administration-of-estates law, gives the surviving spouse and the children shares of the estate. Customary law traditionally gave the main inheritance to the eldest son or the male line, and many courts and reforms now move toward equality.

A spouse with no children generally takes the whole estate or the larger part, with the parents or siblings sharing in some countries.

Children first, then the parents and the brothers and sisters, then more distant relatives, and finally the state.

A partner who is not in a recognised marriage generally has no automatic right to inherit. Courts may recognise a customary or long-term union in some countries.

There is usually no forced share, but a spouse or child who is left without support can ask the court for maintenance from the estate.

The law of the place where land lies usually governs the land, and the law of the person's last home usually governs the rest. An estate with a foreign element needs advice in the country.

• In many communities customary rules decide who inherits family land and the family home, and courts and reforms have been moving toward equal rights for sons and daughters and for widows. Which law applies often depends on the form of the marriage and on whether the person lived under customary law.

Eswatini belongs to the Civil law family. Succession law grows out of the legal tradition, so it helps to know how the system works.

Read the Eswatini legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Eswatini? →

• JuriGlobe, University of Ottawa: world legal systems
• World Bank: Women, Business and the Law (country data on inheritance rights)