News / National
Widower loses property wrangle
02 Jul 2018 at 07:28hrs | Views
A WIDOWER has lost his bid to wrestle property left behind by his late wife from his five children. Mr Lazarus Chigora was left out in the last Will and Testament of the late Mrs Rosemary Chigora (nee Kahari) despite being the surviving spouse.
The two, prior to the death of the woman in 2016, were living separately because of marital squabbles. At the time of her death, Mrs Chigora was staying at the matrimonial property in Harare, while Mr Chigora had moved to the rural home in Goromonzi.
The conflict was so deep to the extent of pushing Mrs Chigora to exclude her husband from her Will and allocating her estate, including the matrimonial home in Harare, to her children.
After the death of Mrs Chigora, the Master of High Court accepted the Will and appointed two of the children as executors.
Mr Chigora contested the decision of the Master at the High Court. He cited his five children and the Master of High Court as respondents in the court challenge.
High Court judge Justice Jacob Manzunzu threw out the challenge, saying the Will was authored in compliance with the law.
"The plaintiff failed to justify why the Will must be nullified neither has he succeeded to show that the appointment of Kudakwashe Chigora as executor by the Master was irregular," ruled Justice Manzunzu.
"The whole Will clearly shows compliance with formalities as required by the Act and the Master correctly accepted it as valid."
Justice Manzunzu dismissed Mr Chigora's application with costs.
The court heard that Mr Chigoro and his wife had been on separation for five years before the woman's death. When Mrs Chigora died, the estate was registered without the involvement of the husband. At a later stage, Mr Chigora discovered that there was a Will, which took away his right to inherit.
He contested the genuineness of the Will at the High Court.
The two, prior to the death of the woman in 2016, were living separately because of marital squabbles. At the time of her death, Mrs Chigora was staying at the matrimonial property in Harare, while Mr Chigora had moved to the rural home in Goromonzi.
The conflict was so deep to the extent of pushing Mrs Chigora to exclude her husband from her Will and allocating her estate, including the matrimonial home in Harare, to her children.
After the death of Mrs Chigora, the Master of High Court accepted the Will and appointed two of the children as executors.
Mr Chigora contested the decision of the Master at the High Court. He cited his five children and the Master of High Court as respondents in the court challenge.
High Court judge Justice Jacob Manzunzu threw out the challenge, saying the Will was authored in compliance with the law.
"The plaintiff failed to justify why the Will must be nullified neither has he succeeded to show that the appointment of Kudakwashe Chigora as executor by the Master was irregular," ruled Justice Manzunzu.
"The whole Will clearly shows compliance with formalities as required by the Act and the Master correctly accepted it as valid."
Justice Manzunzu dismissed Mr Chigora's application with costs.
The court heard that Mr Chigoro and his wife had been on separation for five years before the woman's death. When Mrs Chigora died, the estate was registered without the involvement of the husband. At a later stage, Mr Chigora discovered that there was a Will, which took away his right to inherit.
He contested the genuineness of the Will at the High Court.
Source - the herald
