An important decision delivered by the Family Division of the High Court today. It is unlawful for men to dispossess their wives of matrimonial property by bequeathing it to their eldest sons in their Wills without their spouse's permission.

It is not uncommon for matrimonial property to be held in the husband's name and for the husband to bequeath it to the eldest son subject to the wife's "right" to live there for life or until she remarries. Godfrey Namundi J had held that this is discriminatory.

Such a clause in a Will is unlawful because it violates Art. 31(1) of the Constitution which guarantees equal rights of men and women in marriage, during marriage and at its dissolution (which includes death) and Art. 21(2) which forbids discrimination on grounds of sex.