News / Local
Widow takes family to court over forged will
14 Dec 2013 at 05:55hrs | Views
A WIDOW from Emakhandeni suburb in Bulawayo was almost left destitute after relatives of her late husband forged a will purporting that their brother wrote it and left nothing for her.
Margaret Grace Mguni was customarily married to Magobi Ian Ndlovu who died in 2009 and left a matrimonial house in Emakhandeni.
It is said that soon after her husband's death, Mguni saw a will in the house, which stated that Simiso Ndlovu - her husband's relative from Entumbane - was the executor of the estate.
The family had purported that Magobi had not included his customary wife in the will despite the fact that she contributed towards the buying of the house.
In terms of inheritance laws, Mguni should be the lawful beneficiary in her capacity as the surviving spouse.
There was no mention of children in the application and by law they would have their share of the estate.
The family had allegedly succeeded in taking Ndlovu's estate until Mguni noticed some anomalies and after investigations discovered that the said will was fake.
She sought legal intervention and was yesterday granted an order by Justice Martin Makonese at the Bulawayo High Court who declared the fake will null and void.
In her application, Mguni had cited Simiso Ndlovu in his capacity as the self proclaimed executor to the estate, Gcinamazwi Ndlovu, Tshaziwe Emily Mpofu and the Assistant Master of the High Court as respondents.
She had sought to convince the court that the said will was written by an imposter and hence should be declared a nullity.
The court granted the order and also compelled the respondents to pay the costs of suit at an ordinary scale.
Mguni told the court that in November 2010 she tried to talk to the family through summons but was told that her husband's relatives had moved to an unknown destination as they evaded her.
She then sought to serve the summons through the Press and her application was granted and she publicised it in the Chronicle of July 27 this year.
Her argument was that she noticed that the handwriting on the will was different from her husband's.
Investigations showed that the defendants had acted together to defraud Mguni of the house and other property.
Margaret Grace Mguni was customarily married to Magobi Ian Ndlovu who died in 2009 and left a matrimonial house in Emakhandeni.
It is said that soon after her husband's death, Mguni saw a will in the house, which stated that Simiso Ndlovu - her husband's relative from Entumbane - was the executor of the estate.
The family had purported that Magobi had not included his customary wife in the will despite the fact that she contributed towards the buying of the house.
In terms of inheritance laws, Mguni should be the lawful beneficiary in her capacity as the surviving spouse.
There was no mention of children in the application and by law they would have their share of the estate.
The family had allegedly succeeded in taking Ndlovu's estate until Mguni noticed some anomalies and after investigations discovered that the said will was fake.
She sought legal intervention and was yesterday granted an order by Justice Martin Makonese at the Bulawayo High Court who declared the fake will null and void.
In her application, Mguni had cited Simiso Ndlovu in his capacity as the self proclaimed executor to the estate, Gcinamazwi Ndlovu, Tshaziwe Emily Mpofu and the Assistant Master of the High Court as respondents.
She had sought to convince the court that the said will was written by an imposter and hence should be declared a nullity.
The court granted the order and also compelled the respondents to pay the costs of suit at an ordinary scale.
Mguni told the court that in November 2010 she tried to talk to the family through summons but was told that her husband's relatives had moved to an unknown destination as they evaded her.
She then sought to serve the summons through the Press and her application was granted and she publicised it in the Chronicle of July 27 this year.
Her argument was that she noticed that the handwriting on the will was different from her husband's.
Investigations showed that the defendants had acted together to defraud Mguni of the house and other property.
Source - chronicle
