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Harare High Court

WINIFRED HOLLINGTON and STEPHANIE HOLLINGTON and CHURCHILL HOLLINGTON and LAUREN HOLLINGTON versus LAWRENCE HOLLINGTON and BENJAMIN HOLLINGTON and CHRISTINE HOLLINGTON and MONALISA HOLLINGTON and THE MASTER OF THE HIGH COURT N.O

HH 813-17

Case Details

Court
Harare High Court
Date
29 November 2017
Citation
HH 813-17
Neutral Citation
[2017] ZWHH 813
Outcome
unknown
Case Type
Review

Bench

Presiding
MWAYERA J
Full Bench
MWAYERA J
Areas of Law
Succession LawAdministrative Law
Keywords
WillFormalitiesSubstantial ComplianceDiscretionGross Irregularity
Tags
Wills ActEstate AdministrationMaster of the High Court
legislation
Statutes Cited
  • Wills Act
  • Administration of Estates Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the fifth respondent's determination in accepting the document as the last will and testament was in accordance with law","issue_type":"law","dispositive":"yes","related_facts":"The document's non-compliance with formalities and the Master's exercise of discretion under section 8(5)"}
  • {"issue_text":"Whether there was gross irregularity in the proceedings as the fifth respondent failed to conduct a proper inquiry into the authenticity of the signature","issue_type":"procedural","dispositive":"yes","related_facts":"The Master accepted the will despite doubts and without further investigation"}
  • {"issue_text":"Whether the will complied with provisions of the Wills Act [Chapter 6:06]","issue_type":"law","dispositive":"yes","related_facts":"The document was only signed on the last page and not dated, with other pages unsigned"}
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background
Facts of the Case

Background

The applicants sought to review and set aside the Master's decision to accept a document as the last will and testament of the late Bidoff Hollington, arguing gross irregularity and illegality due to non-compliance with the formalities prescribed by the Wills Act. The document was only signed on the last page, was not dated, and the other five pages were not signed by the testator or witnesses, with the appointed executor also disputing its authenticity.
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