It is a difficult question. One most parents postpone. Yet in Zambia, this question has a very real legal answer — and it may not be the one you expect.
If a parent dies without a valid Will, the law does not automatically follow family wishes, verbal promises, or cultural expectations. Instead, the process is governed strictly by the Intestate Succession Act and the Wills and Administration of Testate Estates Act.
These laws are fair in structure, but they are impersonal. They do not know:
- Who you trust
- Your family dynamics
- Which relative is responsible
- Who truly has your children’s best interests at heart
Only a Will communicates that.
What Happens When There Is No Will?
When a parent passes away intestate (without a Will):
- The Court Takes Control
The High Court becomes responsible for overseeing the estate and guardianship issues involving minor children. - Guardianship Is Not Automatic
Many people assume that a grandmother, uncle, or older sibling will naturally take over. Legally, this is not guaranteed. Interested relatives must apply to the court to be appointed guardians. - Disputes Among Family Members Are Common
Multiple relatives may claim they are best suited to raise the children. This leads to hearings, delays, and conflict at a time when children need stability. - Children May Be Placed in Temporary Care
While the court decides who should be guardian, children can be left in uncertain or temporary living arrangements. - Your Property Is Frozen in Legal Procedure
Bank accounts, houses, vehicles, and businesses cannot be freely accessed for the children’s upkeep until the court process progresses. - The Law Distributes Your Estate by Formula
The estate is shared according to statutory percentages — not according to what you would have wanted for your children.
The Misconceptions Many Parents Have
- “My family knows what I want.”
The court does not act on verbal wishes. - “My spouse will obviously take care of them.”
Even a surviving parent may face legal administrative hurdles regarding the estate. - “I am not wealthy enough to write a Will.”
A Will is not about wealth. It is about guardianship, direction, and protection. - “I am still young.”
Death and incapacity do not wait for old age
What a Proper Will Changes Instantly
A legally drafted Will allows you to:
- Name the exact person you want to raise your children
- Appoint a backup guardian in case the first choice cannot serve
- Direct how money, property, and assets must be used for the children’s upbringing
- Prevent family disputes before they start
- Avoid lengthy court processes and delays
- Give immediate legal clarity at a time of emotional distress
With a Will, the court’s role becomes administrative — not decision-making
Why This Matters More Than You Think
When a parent dies, children are already facing emotional trauma. Adding legal uncertainty, family conflict, and unstable living arrangements only worsens their situation.
A Will is a final act of parenting.
It is the one document that speaks for you when you no longer can.
Because if you do not legally choose who will raise your children, the court will choose for you.
Disclaimer: This article is for general legal information only and does not constitute legal advice.
Patrick Chulu Legal Practitioners (PC|LP)
Integrity • Courage • Excellence
📍 Close 1 Ibex Hill, Plot No. 487/100 (Near The Office of the Public Protector)
Lusaka, Zambia
📞 +260 765 637 332 | +260 952 491 138
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