Joyce Zwane v Simelele Masuku (In her capacity as Executrix Testamentary of Estate late Obert Dube DRB 170/22) and Cephas Mavondo (In his capacity as Executor Testamentary of Estate late Obert Dube DRB 170/22) and Assistant Master of High Court

HB 172/23

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Case Details

Court

Bulawayo High Court

Date

24 August 2023

Citation

HB 172/23

Neutral Citation

[2023] ZWHB 172

Outcome

unknown

Case Type

Application

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Succession lawProperty lawFamily law

Keywords

Joint ownershipWill invalidityDisinheritanceSurviving spouseTestamentary disposition

Key Issues

{"issue_text":"Whether applicant has standing to seek declaratory order","issue_type":"procedural","dispositive":"no","related_facts":"Applicant is surviving spouse married under customary law"}
{"issue_text":"Whether will is invalid for bequeathing jointly owned properties","issue_type":"mixed","dispositive":"yes","related_facts":"Properties registered in deceased's name; applicant claims joint ownership"}
{"issue_text":"Whether surviving spouse can be disinherited by will","issue_type":"law","dispositive":"no","related_facts":"Applicant excluded as beneficiary"}

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background

Facts of the Case

Background

The applicant, a surviving spouse married under customary law, sought to invalidate the will of her late husband on grounds that it bequeathed jointly acquired properties and disinherited her. The deceased had also married another wife under civil law and left his estate to her and their children through a will.

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