Ellen Lucie Borgonovo v A.M. Rosettenstein, The Executor of the Estate of the Late Ruggero Borgonovo and Vanessa Angela Ngamiza and Master of the High Court of Zimbabwe

HH 384-13

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Case Details

Court

Harare High Court

Date

31 May 2013

Citation

HH 384-13

Neutral Citation

[2013] ZWHH 384

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Succession LawEstate Administration

Keywords

joint willdeed of separationsecond willmaster's directiveliquidation and distribution account

Key Issues

{"issue_text":"Whether the applicant can challenge the Master's acceptance of the second will without following the statutory appeal procedure under section 8(6) of the Wills Act","issue_type":"procedural","dispositive":"yes","related_facts":"Master accepted second will on 16 May 2008, application filed December 2010"}
{"issue_text":"Whether the applicant can challenge the second account without lodging objections within the three-week inspection period under section 52(5) of the Administration of Estates Act","issue_type":"procedural","dispositive":"yes","related_facts":"Second account advertised 10 December 2010, no objections lodged"}

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background

Facts of the Case

Background

The applicant, who was married to the late Ruggero Borgonovo, sought to set aside a second liquidation and distribution account that incorporated beneficiaries from a second will, and confirm the first account that awarded the entire estate to her. The Master had accepted both a 1977 joint will and a later second will as valid.

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