ABSTRACT

This chapter discusses the content of heirship, which is a status in Sesotho Law and Custom. In monogamous and polygamous unions the heir is the first male child of the first-married wife or, if there is no male issue in the first house, then the first-born male child of the next-married wife in succession shall be heir. The paterfamilias is entitled to disinherit the heir in the rare case of an heir who is out and out wayward and disrespectful to the pater. The term 'child' in customary law takes in unmarried issue of both sexes, whether legitimate or not, and can apply to married women and widows in certain cases. Minors who have no natural guardians can, it appears, have a curator ad litem, usually a paternal uncle, appointed to cure a minor's want of capacity in the courts.