Mphuto Jessie & Ano. V The Estate of the Late Mohapi Jessie & 3 Others (CIV/APN/0080/2024) [2024] LSHC 166 (17 September 2024)

Mphuto Jessie & Ano. V The Estate of the Late Mohapi Jessie & 3 Others (CIV/APN/0080/2024) [2024] LSHC 166 (17 September 2024)

The deceased was legally bound by the divorce decree, which required his share of the joint estate to devolve to his two children upon his death. His Will, which sought to bequeath his share to a non-existent Trust, contravened this binding court order. As such, the Will is invalid and unenforceable, and the appointment of the executrix under the Will is set aside.

Citation
[2024] LSHC 166
Parties
1st Applicant: Mphuto Jessie; 2nd Applicant: `Mamphuto Jessie NO; 1st Respondent: The Estate of the Late Mohapi Jessie; 2nd Respondent: Executrix of the Estate of the Late Mohapi Jessie (Lebohang Ntśinyi); 3rd Respondent: Master of the High Court; 4th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
17 September 2024
Case Number
CIV/APN/0080/2024
Procedural Posture
Originating Motion (application) / Judgment After Hearing of Application
Outcome
Application allowed. The Will is declared null and void; the deceased is declared to have died intestate; the appointment of the executrix is set aside; no order as to costs.
Legal Topics
Validity of Will, Divorce Decree Enforcement, Testamentary Freedom, Trust Law, Estate Administration
Source Language
English
Succession Law Family Law Civil Procedure Validity of Will Divorce Decree Enforcement Testamentary Freedom Trust Law Estate Administration

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Parties

Mphuto Jessie

1st Applicant

`Mamphuto Jessie NO

2nd Applicant

The Estate of the Late Mohapi Jessie

1st Respondent

Executrix of the Estate of the Late Mohapi Jessie (Lebohang Ntśinyi)

2nd Respondent

Master of the High Court

3rd Respondent

Attorney General

4th Respondent

Procedural Posture

Originating Motion (application) / Judgment After Hearing of Application

Legal Issues

  1. 1 Whether the Will of the late Mohapi Jessie is valid in light of clause 7 of the divorce decree
  2. 2 Whether the deceased could bequeath his share to a non-existent Trust
  3. 3 Whether the appointment of the executrix under the Will is valid

Ratio Decidendi

The deceased was legally bound by the divorce decree, which required his share of the joint estate to devolve to his two children upon his death. His Will, which sought to bequeath his share to a non-existent Trust, contravened this binding court order. As such, the Will is invalid and unenforceable, and the appointment of the executrix under the Will is set aside.

Court Disposition

Application allowed. The Will is declared null and void; the deceased is declared to have died intestate; the appointment of the executrix is set aside; no order as to costs.

Orders

  • The Will of the late Mohapi Jessie is declared null and void.
  • The late Mohapi Jessie is declared to have died intestate.