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Harare High Court
In Re Estate Late Bellinah Mhlanga
HH 816-17
Case Details
Court
Harare High Court
Date
29 November 2017
Citation
HH 816-17
Neutral Citation
[2017] ZWHH 816-17
Outcome
unknown
Case Type
Chamber Application
Bench
Presiding
MWAYERA J
Full Bench
MWAYERA J
Areas of Law
Succession LawEstate AdministrationCommon Law
Keywords
Per stirpes principleIntestate successionEstate administrationCommon lawDescendants inheritance
Tags
Estate AdministrationIntestate SuccessionPer Stirpes Principle
legislation
Statutes Cited
- 42 U.S.C. § 1983 (Civil Rights Act)
- U.C.C. § 2-302 (Contract Law - Unconscionability)
- 18 U.S.C. § 242 (Deprivation of Rights Under Color of Law)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the per stirpes principle applies under general law in intestate succession in Zimbabwe and under common law in the absence of specific legal provision in statutory law","issue_type":"law","dispositive":"yes","related_facts":"Estate falls under general law as deceased married under Marriages Act, no will left"}
- {"issue_text":"What is the legal interpretation of the per stirpes principle both under general law and as set out under customary law in the Administration of Estates Act Section 68F","issue_type":"law","dispositive":"yes","related_facts":"Definition and application of per stirpes principle in succession"}
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background
Facts of the Case
Background
Estate of late Bellinah Mhlanga who died intestate on 28 January 2010. Executor applied per stirpes principle to award share of predeceased child Tapuwa Caroline Mhlanga to her three children (grandchildren of deceased). Master disagreed, stating grandchildren cannot inherit when their parent predeceased the grandparent.
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