A former employee who was left a vehicle and other assets by his late boss has emerged as one of the beneficiaries of a disputed estate after the High Court dismissed a challenge seeking to overturn the deceased's will.
Justice Tsanga ruled that the Last Will and Testament of the late Gregory Michael Young Kee remains valid, dealing a blow to his brother, Derek Young Kee, who had sought to have the document declared fraudulent and invalid.
The case centred on the estate of Gregory Young Kee, who died in 2022, leaving behind a will that distributed his assets among close associates rather than family members. Under the will, longtime friend Antony Kates was bequeathed the house where the deceased lived in Mabelreign, while former employee Muyengwa Dandemutande was left the deceased's vehicle and other movable property.
The arrangement sparked a legal battle after Dandemutande and Derek Young Kee approached the court seeking to have the will nullified and the appointment of Kates as executor revoked.
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Dandemutande initially argued that the deceased had intended him to inherit both the movable and immovable property because of his years of loyal service and the care he provided to the businessman until his death.
However, as the matter progressed, Derek Young Kee became the central challenger, arguing that the will was forged and that, as the deceased's brother, he should inherit the estate if the document was declared invalid.
The court heard allegations that the signature on the will did not belong to Gregory Young Kee and that there were inconsistencies between copies of the document.
But Justice Tsanga found that the claims were not supported by convincing evidence.
A forensic handwriting expert called by the plaintiffs initially raised concerns over a copy of the will held by the Master of the High Court. However, after examining additional documents supplied by the defence, including the original will, the expert reached a different conclusion and eventually admitted that he could not conclusively determine whether the will was authentic or forged.
The court found that the expert's evidence was inconclusive and insufficient to prove fraud.
More damaging to the plaintiffs' case was the evidence of Harare lawyer Salim Solomon Desai, who testified that he witnessed Gregory Young Kee sign the will.
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Desai told the court that the deceased specifically requested him to witness the document and appeared fully aware of his actions when he executed it.
Justice Tsanga accepted the evidence of the attesting witness and found that the will had been voluntarily executed with the necessary testamentary intention.
The judge also rejected arguments that the will should be invalidated because the Mabelreign property was registered in the name of a company rather than in the deceased's personal name.
While acknowledging that company property is legally distinct from personal property, the court held that the issue did not invalidate the entire will.
In dismissing the challenge, Justice Tsanga emphasised that courts should be slow to interfere with a person's freedom to distribute their estate as they choose unless there is clear evidence of fraud, undue influence or incapacity.
The ruling means that Dandemutande, the former employee at the centre of the dispute, retains the benefits left to him under the will, while Kates remains both a beneficiary and executor of the estate.
The court ordered the plaintiffs to jointly and severally pay the costs of the failed challenge, bringing to an end a closely contested inheritance battle that pitted family expectations against the deceased's written wishes.
