Estranged wife wins landmark judgment

In a landmark judgment, Petronella Tendai Militala, a 56-year-old woman, has secured a significant victory in the High Court, awarding her a share of her estranged late husband’s estate valued at more than US$700,000. The contentious probate case underscores the need for careful consideration in estate planning, particularly in complex family situations.

Despite being married for 30 years, Petronella was excluded from Winsley Militala’s will after he left their matrimonial home in 2014 and initiated divorce proceedings in 2017. These proceedings remained unresolved at the time of his death in January 2021. Notably, the court considered the marriage terminated by death, as the divorce had not been finalized.

At the heart of the case was an offer Winsley had made to Petronella, which included their matrimonial home, three luxury vehicles, and US$500 in monthly financial support. However, Petronella contested this offer, arguing that it failed to account for all marital assets.

The trial focused on two key issues: the Granta Seven Trust and a property located at 7 Granta Road, Vainona, Harare. Petronella argued that the trust was established to conceal assets in light of the impending divorce, and sought to transfer the property from the trust to Winsley’s estate.

Justice Amy Tsanga's ruling clarified that Winsley intended for Petronella to receive the matrimonial house and the three vehicles, alongside a monthly spousal maintenance amount. Under the Deceased Persons Maintenance Act, the court ultimately decides on property distribution and maintenance quantum.

Since the divorce was not finalized, Justice Tsanga ruled that Petronella qualified as a claimant, taking into consideration her contributions during the couple's 30-year marriage. The court found her evidence credible, confirming that she contributed both directly and indirectly to the family’s wealth and needs.

In her ruling, Justice Tsanga stated: "The plaintiff (Petronella) be and is hereby awarded from the estate of the deceased Winsley Evans Militala the transfer of all right, title, and interest in the matrimonial home, being Stand 721 Bannockburn Road, Mount Pleasant Heights, Harare."

Additionally, Petronella was awarded a 50 percent share in Stand 1328 Batanai Close, Houghton Park, Harare, and a lump sum of maintenance totaling US$288,000. The court also granted her two high-end vehicles: a Land Rover Discovery and a Mercedes Benz.

Further augmenting the estate, Winsley possessed additional properties in Dubai valued at approximately US$402,000 and other properties in South Africa.

This ruling highlights the complexities surrounding inheritance disputes, especially in complicated relationships. Courts in similar cases have underscored the importance of establishing testamentary capacity, validating wills, and considering the rights of all involved parties.

The decision sets a precedent for substantial awards to spouses in long-term marriages, reinforcing the principle that individuals cannot simply be excluded from a deceased's will if they have made significant contributions to the family.

Justice Tsanga's ruling provides clarity on asset distribution and maintenance in cases involving unfinished divorce proceedings, emphasizing that, despite the deceased's final wishes, spouses who have contributed significantly to a family cannot be easily disregarded.