Antony Chawagarira
Harare-A bitter inheritance dispute involving the estate of the late Pius Mutyasira has ended in defeat for two women who claimed to be his customary law wives after the High Court upheld the validity of his will.
Justice Amy Tsanga dismissed an application filed by Nhaka Chikoo and Zilpha Maunga, who wanted the estate declared intestate so it could be distributed under customary law.The ruling means Mutyasira’s estate will be shared according to a will he drafted in 2003, which largely favours his legally married wife, Villah Mutyasira, and their children.
The applicants had argued that the four-page document failed to meet legal requirements because one page was not signed by the deceased and witnesses as required under Zimbabwe’s Wills Act.They also challenged the conduct of the Assistant Master of the High Court after an initial recommendation to reject the will was later reversed.
However, Justice Tsanga ruled that the defect was merely technical and did not invalidate the document.
“The unsigned page is not dispositive, and there is no evidence of alteration, fraud, or incompleteness,” the judge said.“Nor is there any indication that the deceased revoked the will; on the contrary, it remained operative until his death.”
The court said Zimbabwean law empowers the Master of the High Court to accept a will even where some formal requirements were not strictly complied with, provided there is clear evidence that the deceased intended the document to stand as his final testament.Justice Tsanga also rejected arguments that the Assistant Master became functus officio — legally barred from revisiting the matter — after initially recommending rejection of the will.
“An internal recommendation to reject a will does not create a legal bar,” she ruled.
Court papers revealed that although Mutyasira allegedly entered into several customary unions after drafting the will, he never amended or revoked it before his death in July 2023.
The judge stressed that dissatisfaction by excluded beneficiaries was not enough grounds to invalidate a will.
She further underscored the principle of freedom of testation, which allows individuals to decide how their property should be distributed after death.
The application was dismissed with costs, paving the way for the estate to be administered according to Mutyasira’s written wishes.
