admin
Dr Mandaza was appointed executor in the 2011 will that was first registered and accepted at the High Court.
The other will from the woman and her daughter was dated November 5 2002 and it nominated the Manicaland Board of Executors as the executor to the estate.
According to that will, the girl was nominated as the beneficiary who was entitled to a house in Mutare, cars and money in bank accounts.
Both wills were filed under file DR 934/11 but the Master of the High Court indicated he was recognising the will that empowered the national hero’s widow Pamela to enjoy the use of the properties and money in the estate.
Deputy Master of High Court Mr Eldrad Mutasa, who acted on behalf of the Master, however, gave a green light for the girl’s mother to contest that will if she so wished.
“I acknowledge receipt of your letter dated July 18 2011 in connection with the above mentioned estate. The will that you are referring to dated November 5 2002 was filed with this office after another will dated May 6 2011 had already been accepted.
DISCUSS THIS STORY ON FACEBOOK
“In any event, the will dated May 6 2011 by virtue of it being the latest will filed of record, has the effect of invalidating all former wills given that it contains a revocatory clause.
“It therefore follows that under the circumstances, this estate should be administered in accordance with the provisions made in the will dated May 6 2011.
“You are, however, free to contest the will as indicated in your aforementioned letter,” said Mr Mutasa.
The girl’s mother has since filed an application seeking maintenance for her daughter who was still in school saying the late father had since pre-school been catering for her needs, including paying for school fees.
In the application for maintenance from the estate, the woman cited Dr Mandaza, as the respondent in his capacity as the executor of the last will.
In the application, the girl’s mother stated that she had an affair with Cde Tekere in 1994 before the girl was born in 1995.
She also indicated that Cde Tekere later paid lobola for her in 2004.
“From pregnancy to birth and after birth, Tekere has been looking after the child. In 2006 he made an arrangement for our daughter to enrol at Chancellor Primary School (an elite school in Mutare). The daughter would then spend all holidays with her father at the Bordervale house.
“He paid all the fees since pre-school and in 2008 the girl enrolled with (school named) where she is currently in Form Four,” she said.
The woman said her daughter was on Cde Tekere’s medical aid with Premier Service Medical Aid.
“My daughter who used to stay with the deceased during holidays was advised by the executor Ibbo Mandaza that she is no longer welcome to the house since it now has a new owner namely Pamela Tekere,” she said.
The woman added that the bulk of the property had been bequeathed to her daughter in the earlier will, but the new will was now excluding her.
“I find it very surprising given that in the earlier will, the deceased had bequeathed to my daughter but in the latest will, most immovable and movable property and some money were bequeathed to Pamela Tekere,” she said.
Cde Tekere died on June 7 this year and was declared a national hero. He was buried at the National Heroes Acre.
Online Reporter