Brenda Maxwell and Nokuthula Moyo v Estate Late Collin Moyo and 13 Others (HC 5184/22) and Perpetual Gwati and 8 Others v Natasha Buhle Moyo and 13 Others (HC 5732/22)

HH 445-24

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Case Details

Court

Harare High Court

Date

2 October 2024

Citation

HH 445-24

Neutral Citation

[2024] ZWHH 445

Outcome

unknown

Case Type

Application

Bench

Presiding

Wamambo J

Full Bench

Wamambo J

Areas of Law

Succession LawWills and Estates

Keywords

soldier's willfreedom of testationwill validityintestate estate

Key Issues

{"issue_text":"Whether the deceased's will qualifies as a valid soldier's will under section 10 of the Wills Act","issue_type":"legal","dispositive":"yes","related_facts":"Deceased executed will while in army but died 23+ years after retirement"}
{"issue_text":"Whether the will should be set aside due to being outdated","issue_type":"mixed","dispositive":"no","related_facts":"Will executed 32 years before death; family circumstances changed significantly"}
{"issue_text":"Whether the Master correctly accepted the will under section 8 of the Wills Act","issue_type":"legal","dispositive":"yes","related_facts":"Will met formal requirements despite being on military form"}

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Facts of the Case

Background

The deceased, Collin Moyo, executed a will in 1989 while serving in the Zimbabwe National Army, bequeathing his entire estate to only four of his children. He died in 2021, leaving behind multiple wives and 13 children. Two groups of applicants sought to invalidate the will, arguing it was a soldier's will that had become outdated and did not reflect the deceased's current circumstances.

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