Silence Mubariki v Master of the High Court and 12 Others

HH 531-23

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Case Details

Court

Harare High Court

Date

21 September 2023

Citation

HH 531-23

Neutral Citation

[2023] ZWHH 531

Outcome

unknown

Case Type

Review

Bench

Presiding

Tsanga J

Full Bench

Tsanga J

Areas of Law

Succession LawAdministrative Law

Keywords

Will formalitiesSection 8 Wills ActSection 9 Wills ActExecutor appointmentIntestate estate

Key Issues

{"issue_text":"Whether the Master erred in accepting a will that did not comply with formalities under s 8 and s 9 of the Wills Act","issue_type":"law","dispositive":"yes","related_facts":"Will not signed on every page, witnesses were beneficiaries, amendments signed only by witness"}
{"issue_text":"Whether the will qualified for acceptance under s 8(5) curative provision despite formal defects","issue_type":"law","dispositive":"yes","related_facts":"Will drafted by brother not testator, numerous execution defects"}
{"issue_text":"Whether the Master's decision to appoint an independent executor was reasonable","issue_type":"law","dispositive":"no","related_facts":"Applicant sought to be appointed as surviving spouse"}

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Facts of the Case

Background

The applicant, widow of Haggai Morel Mubariki, sought review of the Master's decision to accept a will that contained numerous formal defects including unsigned pages, beneficiary-witnesses, and amendments signed only by a witness. The will was drafted by the deceased's brother and produced by his sister three months after death.

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