Description

Probate & Administration

QUESTION ONE

Mr. Tawanda had 2 wives and 8 children. The 1 ^st wife, Kasande had 4 children and the 2^nd wife Ruvimbo likewise had 4 children. He executed a will on 30^th October 2010 and his two friends Caesar and Robert Were witnesses. Mr. Tawanda died 3 years later. Mr. Tawanda’s Witt included thefollowing clauses:

1. I give my 10-acre land in Mavingo to my Wives and Ruvimbo; I give my 4-acre (and in Kadoma to my sons Eric and Fred; iíi. I give my Mercedes benze KTAB OOIE to my sisters and Mildred;

I give my shares in Blue Moon Breweries limited to my daughters Memory and Mary; t give all mysavings in Chase Manhattan to my wife Ruvimbo; vi. I give my house in Avondale to my wife Ruvimbo (The word Kasande cancelled in pencil and Ruvimbo added in pencil) vii. I give my house in Sundale to my wife Ruvimbo;.

viii, I give the residue of my estate to the trustee/executor of my will ‘to hold in trust for all my children.

AIL the amendments/cancellatiohs are handwritten. Altetatf01Wiri clause 3 (a), 3(b) and 3(c) are made in ink and the cancelled words are illegible whilst alterations.in clause 3(d), 3(e) and 3(f) are made in pencil.

As per the will, the deceased appointed his sisterMitdred as the executrix of the will. Immediately after the funeral.of the deceased, Mildred sought to apply for grant of probate with written Will annexed. The 2^nd wife Ruvimbo was aware of: the existence of the witl and was also aware that Mildred had petitioned the court for grant of probate. The grant was issued on 21 ^4t January 2014. Six months later, Mildred made an application for confirmation of grant without informing the 1 ^st wife, Kasande,

One bright Saturday afternoon at a famity get-together, the children began discussing the family property and one of the daughterS Memory,” born of the deceased’s 2^nd wife Commented that the deæased had left a will and his sister;Mildred was the executrix and she had already petitioned the court. The 1 ^st wife’schildren Daniel, Alex, Jane and Patricia were surprised as they were not aware. They subsequently informed their mother Kasande.. Two days later, Kasande went to the High Court tn Mashvtngo tqenquire about the grant of probate. Upon conducting a search, she was shown the grantor: probate issued to Mildred and the original will annexed to the Petition. She then acquired copies and sought the services of a lawyer.

• using easelaw and statutory provisions, the effect of the alterations as shown in clause 3 Of Mr. Tawanda’s will. (8 marks)
• Kasande has approached you to lodge an objection on her behalf. Explain the possible grounds in support of her application for objection. (5 marks)
• Assume that the High Court sitting in Mashvingo, having heard the matter, has declared the will invalid and revoked the grant of probate issued to Mildred. Explain the process that the parties would require to undertake in pursuit of administration of the estate of

the deceased. In your answer;

1. i) identify the mode of succession and the potential administrator(s) ii) identify and explain the pleadings and the particulars required. (7 marks)