South Africa Rules on Intestacy Rights in Polygamous Marriages

On July 15, 2009, the Constitutional Court of South Africa issued a landmark decision in the case Hassam v. Jacobs.  As summarized by the New York Times, the South African court held that “when a husband dies without a will in a polygamous Muslim marriage, each of his wives is guaranteed legal rights of inheritance.”  Barry Bearak, In a Complex Family, Death Adds to the Indignity, NY Times, July 23, 2009.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.