My dad’s three wives can’t agree on his burial site

Dear Harold,

Our polygamous family is undergoing a protracted battle over the burial of our father, who passed away two weeks ago after battling cancer for nearly 15 years. During his lifetime, Dad acquired property, which includes rental houses, commercial buildings and tracts of land in some major towns.

 The bone of contention is that our family lawyer convened a family meeting and dropped a bombshell — the old man died without writing a Will. The meeting has thrown the family into confusion, as all our three mothers are now demanding to bury him in their compounds in the belief that the one who succeeds will automatically inherit his entire property.

 Is this possible? We are perplexed by the fact that the property battles have come to the fore even before the burial. Can my mother (the third wife) who spent the most time by his bedside be his only heir?    Patricia, Kiambu

Dear Patricia,

Anyone who buries a dead person does not automatically get a legal claim to his or her property over other people. Even your mother who took care of your ailing father does not acquire a better claim than her co-widows.

Recent High Court judgments show that property is divided among all widows  according to the number of children in each house.

Separately, the tug-of-war over who should bury your father can be settled in court if he did not leave a Will stating where he would be interred. If he died intestate — without a Will — the court will follow his custom or religion. However, his customary law of burial and relationship of parties disputing his burial must be proved.

Got a family related legal issue? Ask the lawyer on [email protected]