Inheritance
Chapter XVII of Law nº 71/2024 (arts 353 to 400) covers succession, which is either intestate or testamentary, in whole or in part (art 361). It opens at the death of a person at his or her domicile or residence, the estate has no legal personality and a liquidator handles all its matters (art 354); the family council and a succession council settle questions before they go to the competent court or, within its competence, the Abunzi Committee (art 386). The law repealed Law nº 27/2016 on matrimonial regimes, donations and successions (art 404).
Without a will the heirs come in this order: the deceased's children; father and mother; full-blood brothers and sisters; half-brothers and half-sisters; grandparents; paternal and maternal uncles and aunts; each category excludes the next (art 374). Legitimate children inherit equal portions without discrimination between male and female children (art 356), and an unborn child inherits provided he or she is born alive (art 355). Heirs who die before the deceased are represented by their descendants, without limit among direct descendants, except for the deceased's father, mother and grandparents (art 376). The surviving spouse takes part in the succession and succeeds in equal shares with the first category of heirs; if there are no children, the spouse shares with the parents, and so on down the categories; on partition he or she has a pre-emptive right to receive the family house and its equipment as part of the portion, keeping the house on paying compensation if its value exceeds the portion, and may decline that right (art 375).
The matrimonial regime shapes what is shared. Under community of property, the survivor administers the whole property, looks after the children and helps needy parents of the deceased, but cannot dispose of more than half of it; if both spouses die leaving children, the children inherit everything; a childless survivor who remarries keeps half by virtue of the regime and shares the other half with the deceased's heirs; a survivor with children who remarries takes half and shares the rest equally with all the deceased's children, by authentic deed; and a court may open the succession if the survivor fails to look after the children (art 377). Limited community follows the same rules for common property and the separation rules for each spouse's own (art 378). Under separation of property the survivor keeps his or her own property and the deceased's goes to the heirs, the survivor co-succeeding if there is no child (art 379); if minor children inherit, the survivor continues to administer the whole until the children reach majority, and may keep using the family house and equipment while he or she has custody and does not remarry (art 380). Under a regime drawn up by the spouses, succession follows their agreement (art 381).
A will is a revocable, unilateral deed made in authentic form before a notary or the civil registrar of the testator's residence or domicile; the original and a register are kept, also electronically, and stay confidential until the testator's death (arts 362 and 366). The testator and the testator's spouse must have legal capacity, and a spouse married under community or limited community of property needs the other spouse's written consent for a will on common property (art 364). Later wills prevail over inconsistent earlier ones (art 367); within 90 days of the death the head of the family sets the date for disclosing the will to the heirs, and an interested person may ask the court to order disclosure afterwards (art 368). A Rwandan living abroad follows the form law of the place or of Rwanda, and Rwandan law as to substance (art 370); a foreigner in Rwanda may follow the form law of the place or of his or her country, and that country's law as to substance (art 371). Gifts and legacies are capped at a disposable portion of one-fifth of the property where the donor has children, one-third where there are no children but a spouse is alive, calculated after debts (art 193); an excess is cut back starting with the most recent gifts, and a gift made more than three years before the death is not returned (art 400).
An heir or legatee may be debarred if he or she broke off parental relations with the deceased, deliberately failed to care for the deceased in need, took advantage of the deceased's physical or mental inability, or destroyed or altered the will; a claim is filed within one year (art 357). Conviction for killing or attempting to kill the deceased, for a false accusation or perjury that could have led to six months' imprisonment for the deceased, for trafficking in, exploiting, indecently assaulting, defiling or otherwise sexually abusing the deceased, or for deliberately abandoning the child whose estate is opened debars the heir automatically (art 358). The succession council, made up of an adult heirs' representative, the entitled spouse, a representative of the deceased's family and two family friends, chooses and supervises the liquidator, preferably an heir, and divides the estate (arts 386 and 387); the liquidator pays funeral costs, administration and partition costs, matured debts and then legacies (art 389). An heir has six months from being informed to accept or renounce, silence after being informed counts as acceptance, and an accepting heir takes assets and liabilities (arts 390 and 391); renunciation is written and communicated before two witnesses (art 393). An estate with no heir passes to the State, after a provisional declaration, three years later for movables and five years for immovables (art 384).
Key points
| Children | Equal portions for sons and daughters; first in the order of heirs (arts 356 and 374) |
|---|---|
| Order of heirs | Children; parents; full siblings; half-siblings; grandparents; uncles and aunts (art 374) |
| Surviving spouse | Equal share with the first category; pre-emptive right to the family house and equipment (art 375) |
| Disposable portion | One-fifth with children; one-third with no children but a living spouse (art 193) |
| Will form | Authentic: before a notary or the civil registrar of the testator's residence or domicile (art 366) |
| Disclosure of a will | Within 90 days of the death, on a date set by the head of the family (art 368) |
| Accept or renounce | Within six months of being informed; silence after being informed is acceptance (arts 390 and 391) |
| Reversing the choice | Only for fraud, violence or threats, within 12 months of their cessation (art 395) |
| Estate with no heir | Vests in the State: provisional declaration, then 3 years (movables) or 5 years (immovables) (art 384) |
In practice
- Start with the couple's matrimonial regime, which decides what is shared: community, limited community, separation or an agreement (arts 377 to 381).
- Hold the family council within the 90 days set for disclosing a will, and have it designate the succession council: a representative of adult heirs, the surviving spouse if entitled, a representative of the deceased's family and two family friends (arts 368 and 386).
- Let the succession council pick the liquidator, preferably an heir, who pays debts in the statutory order and reports back for approval (arts 387 to 389).
- Decide about the inheritance in time: acceptance or renunciation runs from the liquidator's notice for six months, a renunciation is in writing and given before two witnesses, and a silent heir is treated as having accepted (arts 390 to 393).
- Settle partition disputes first at the succession council, then before the court or Abunzi Committee within its competence (arts 396 and 397); a person who wants to leave the shared estate may ask for his or her own portion alone (art 397(5)).
Cost and coverage
The sources opened give no notary fee, registration fee or court fee for wills or estates.
Recent changes
Under art 401(2) of Law nº 71/2024, cases filed after Law nº 27/2016 took effect and pending when the 2024 law began remain under the 2016 law where the new rules would infringe a party's existing rights.
Where to go
- A notary or the civil registrar of the testator's residence or domicile, for an authentic will (art 366).
- The family council and the succession council it appoints, for disclosure of the will, choice of liquidator and partition (arts 368, 386 and 387).
- The competent court or the Abunzi Committee within its competence, for disputes over partition or the value of the estate (arts 396 and 397).
- The Executive Secretary of the Sector, who applies to declare an estate unclaimed (art 384(a)).
Worth knowing
Art 356 speaks of the deceased's 'legitimate' children, while art 293 gives a recognised child the same rights only in respect of the parent who recognised him or her; a child's share in the estate of a parent who has neither recognised the child nor been declared the parent by a court therefore depends on establishing filiation first (arts 48 and 304 to 309).
Frequently asked questions
Do daughters inherit the same as sons in Rwanda?
Yes: art 356 of Law nº 71/2024 gives the deceased's legitimate children equal portions without any discrimination between male and female children, and children are the first category of heirs (art 374).
What does a surviving spouse inherit?
The spouse succeeds in equal shares with the first category of heirs, with parents and others as the order requires, and may take the family house and its equipment as part of the portion on paying compensation if they are worth more (art 375); how the rest is shared depends on the matrimonial regime (arts 377 to 381).
How much can I give away or leave by will?
No more than one-fifth of your property if you have children, or one-third if you have no children but a living spouse, calculated after debts (art 193); the excess is returned, starting with the latest gifts, and gifts made more than three years before the death are not returned (art 400).
Sources
- Law nº 71/2024 of 26/06/2024 governing persons and family, Official Gazette Special of 30/07/2024 (trilingual gazette, English column; Ministry of Justice copy) — arts 193, 355 to 400 and 404 (English column of the gazette; truncated lines cross-checked against the French column)
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