oa Comparative and International Law Journal of Southern Africa - The making of wills under the law of Malawi: a review of the case of "In the Estate of Guiseppe Pino Barretta" and the choise of law

Volume 25, Issue 3
  • ISSN : 0010-4051



The case of "In the Estate of Guiseppe Pino Barretta (Deceased) is interesting and important for a number of reasons. In the first place contentious cases on the law of succession are extremely rare in Malawi. For this reason the Barretta case provided the High Court with a singular opportunity to state the law firmly and clearly on the relevant aspect of the law of wills. It is the view of this article that this opportunity was not fully utilised. The court not only confused the principles of law applicable but also misstated them, as explained in the article.

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