By Dickson Jere
In a recent landmark ruling, the Court of Appeal has clarified that stepchildren cannot inherit from the estate of their stepparents unless they have been formally adopted. The case centers around the estate of a deceased man who had five biological children from his first marriage and a stepdaughter, Rebecca, from his second marriage.
The High Court had initially ruled that Rebecca, despite not being formally adopted, could inherit from her stepfather’s estate. However, this decision was contested, leading to an appeal.
The Court of Appeal, consisting of a panel of three judges, reviewed the case and determined that the law explicitly requires formal adoption for a stepchild to be considered a beneficiary of a deceased’s estate. The judges observed that there was no evidence that Rebecca had been formally adopted by the deceased. Thus, she did not qualify as a child of the deceased under the law.
The judges noted, “There is no evidence adduced to show that Rebecca was adopted by the deceased for purposes of being classified as a beneficiary of the deceased’s estate.” Consequently, they reversed the High Court’s judgment, which had allowed Rebecca to benefit from the estate.
The Court of Appeal further elaborated that the law recognizes children of the deceased, including those born out of wedlock and those who are formally adopted. However, stepchildren who have not been legally adopted do not have the same inheritance rights. In Rebecca’s case, since she was born before the marriage and her biological father was still alive, she did not meet the legal criteria for inheritance.
Additionally, the Court concluded that Rebecca did not meet the criteria for being considered a dependent, as she was 27 years old at the time of the deceased’s death. The ruling emphasized that dependency status alone does not confer inheritance rights without formal adoption.
The case citation is Clara Chimfwembe v Hellen Chimfwembe CAZ 015/2021. The judgment, passed last week, underscores the importance of formal adoption in inheritance matters and highlights the need for legal processes to be followed in familial arrangements.
