Rachel Filon and Gloria Motsi v Margaret Sibanda and Wordsworth Runyararo Motsi and Christopher Chigwanda and Master of the High Court

HH 89-2011

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Case Details

Court

Harare High Court

Date

3 May 2011

Citation

HH 89-2011

Neutral Citation

[2011] ZWHH 89

Outcome

unknown

Case Type

Trial

Bench

Presiding

Patel J

Full Bench

Patel J

Areas of Law

Succession LawEstate AdministrationWills Act

Keywords

will executiontestamentary capacityexecutor validityintestacy

Key Issues

{"issue_text":"Whether the document registered as the will was validly executed by the deceased","issue_type":"mixed","dispositive":"yes","related_facts":"Two wills dated same day; 7-year delay; only one witness; provision for dead wife"}
{"issue_text":"Whether the Master's acceptance of the will under section 8(5) was proper","issue_type":"law","dispositive":"yes","related_facts":"Document anomalies; plaintiffs' objections; Master's inquiry duty"}
{"issue_text":"Whether the 3rd defendant's appointment as executor was valid","issue_type":"procedural","dispositive":"yes","related_facts":"Appointment in absentia; unqualified representative; statutory violations"}

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Facts of the Case

Background

The dispute concerns the validity of a will allegedly executed by Martin Philip Motsi who died in September 2002, and the subsequent appointment of Christopher Chigwanda as executor of the estate. The will was only registered in November 2009, over 7 years after death, and contained anomalies including provisions for the deceased's already-deceased wife.

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