Tavengwa v Tavengwa and Ors (HC 993 of 2002) [2005] ZWBHC 173 (29 January 2005)

Tavengwa v Tavengwa and Ors (HC 993 of 2002) [2005] ZWBHC 173 (29 January 2005)

The will executed by Jephias Tavengwa was invalid as it did not comply with the formal requirements of section 8(1) of the Wills Act and the testator lacked testamentary capacity due to terminal illness and medication effects at the time of execution.

Source-derived case information.

Citation
[2005] ZWBHC 173
Parties
Plaintiff: Lena Tavengwa; Defendant: Cuthbert Tavengwa; Defendant: Nestai Tavengwa; Defendant: Janet Tavengwa; Defendant: John Tavengwa; Defendant: Kudzanayi Tavengwa; Defendant: Patson Tavengwa; Defendant: The Assistant Master
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
29 January 2005
Case Number
HC 993 of 2002
Procedural Posture
Civil Trial / Judgment
Outcome
Plaintiff's claim allowed; will declared null and void; deceased declared to have died intestate.
Legal Topics
Validity of Will, Testamentary Capacity, Formalities of Execution of Will
Source Language
english
Succession Law Validity of Will Testamentary Capacity Formalities of Execution of Will

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Lena Tavengwa

Plaintiff

Cuthbert Tavengwa

Defendant

Nestai Tavengwa

Defendant

Janet Tavengwa

Defendant

John Tavengwa

Defendant

Kudzanayi Tavengwa

Defendant

Patson Tavengwa

Defendant

The Assistant Master

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the will executed by Jephias Tavengwa in July 2001 is valid
  2. 2 Whether Jephias Tavengwa had testamentary capacity at the time of executing the will
  3. 3 Whether the will complied with the formal requirements under the Wills Act

Ratio Decidendi

The will executed by Jephias Tavengwa was invalid as it did not comply with the formal requirements of section 8(1) of the Wills Act and the testator lacked testamentary capacity due to terminal illness and medication effects at the time of execution.

Court Disposition

Plaintiff's claim allowed; will declared null and void; deceased declared to have died intestate.

Orders

  • The will executed by Jephias Tavengwa in July 2001 is declared null and void ab initio.
  • Jephias Tavengwa is declared to have died intestate.