IN a landmark judgment, a 56-year-old woman, Petronella Tendai Militala, has secured a significant victory in the High Court which awarded her a share of her estranged late husband's estate valued at more than US$700 000.
This contentious probate case which underscores the need for careful consideration in estate planning, particularly in complex family situations, involved Petronella's exclusion from Winsley Militala's will, despite their 30-year marriage and substantial joint wealth.
Winsley had left their matrimonial home in 2014 and initiated divorce proceedings in 2017, which were still pending at the time of his death in January 2021.
Interestingly, the court considered the marriage terminated by death, as the divorce was not finalised.
Winsley had made an offer to Petronella, including their matrimonial home, three top of the range vehicles and US$500 monthly financial support
But Petronella contested, arguing the offer did not account for all marital assets.
In her case, Petronella focused on two main issues, Granta Seven Trust and a house - 7 Granta Road, Vainona, Harare.
She sought to transfer the property from trust to deceased's estate, arguing the acquisition was done to conceal assets due to the impending divorce.
So, the issues for trial were whether or not Winsley's investment in Granta Seven Trust circumvents identifying it as a matrimonial asset and whether or not properties held by the trust be deemed matrimonial assets?
Justice Amy Tsanga's ruling clarified key aspects that Winsley intended for Petronella to receive the matrimonial house and three cars plus $500 monthly spousal maintenance, acknowledging her need for support, and noting that the court ultimately decides property distribution and maintenance quantum.
This applies under the Deceased Persons Maintenance Act.
Since the divorce was not finalised, Justice Tsanga ruled that Petronella qualified as a claimant.
She then considered Petronella's entitlement to properties and monetary maintenance against the net value of the estate which was approximately US$766 000.
The court also took into account Petronella's contributions during the 30-year marriage. At 56, the judge found that Petronella was certainly not yet old, but edging towards that.
She found her evidence during the trial credible that during their 30-year marriage, she contributed directly and indirectly to family needs and wealth.
"The plaintiff (Petronella) be and is hereby awarded from the estate of the deceased Winsley Evans Militala transfer of all right title and interest in the matrimonial home, being Stand 721 Bannockburn Road, Mount Pleasant Heights Harare," said Justice Tsanga.
"In addition, the plaintiff is awarded transfer of a 50 percent share in Stand 1328 Batanai Close, Houghton Park, Harare.
"The Plaintiff is also hereby awarded a lump sum of maintenance of US$288.000. 00 from the Estate of the late Winsley Militala."
The court also awarded Petronella two top of the range vehicles, a Discovery registration number JMO GB GGP and a Mercedes Benz registration number ADY 4375.
Winsley also has additional properties in Dubai said to be valued at US$402 000.00 which will augment the estate and other properties in South Africa.
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The case highlights the complexities surrounding inheritance disputes, particularly when relationships are complicated.
In similar cases, courts have emphasised the importance of establishing testamentary capacity, ensuring the validity of wills, and considering the rights of all parties involved.
This ruling sets the stage for a potentially substantial award for Petronella, considering her long-term marriage and contributions.
This ruling is also a clear example of how-- despite it being the deceased's final wishes--people, especially spouses, cannot simply be cut out of a person's will, when they have obviously made a significant contribution to a family for a number of years.
The court's decision will also provide clarity on the distribution of assets and maintenance in cases involving unfinished divorce proceedings.
