Fidelis Munyoro
Chief Court Reporter
THE family of late businessman and philanthropist Mr Wicknell Chivayo has formally registered his estate with the Master of the High Court, setting in motion the legal process of administering his vast business interests and personal fortune, it has been learnt.
The Sunday Mail has gathered that the estate was registered about three weeks ago, with an initial meeting subsequently held to discuss the way forward.
However, no executor or executrix has yet been appointed to take charge of the estate, meaning the formal process of identifying and accounting for the assets, establishing outstanding liabilities and determining the eventual distribution of his wealth is yet to get underway.
Senior officials at the Master of the High Court confirmed the latest development, although they declined to disclose details of the estate, whose value is believed to run into millions of United States dollars.
“We can confirm that the estate has since been registered about three weeks ago, and a first meeting held. But the executor or executrix of the estate is yet to be appointed,” said one source, declining to shed further light on the matter. Another source close to the estate said the Master’s Office was not yet in a position to discuss its administration.
“We will get in touch with you when we are ready and have something to say about the estate, but as of now, we cannot give you the finer details of the estate.”
The registration marks an important preliminary step in what could become a complex process, given the late Chivayo’s extensive business interests, personal assets and some unresolved legal disputes at the time of his death.
Mr Chivayo died alongside his wife, Lucy Muteke, in a helicopter crash on September 30 in Marondera, leaving behind two minor children and a substantial estate whose administration is expected to attract considerable attention.
Complex process
One of the most significant outstanding matters is the US$25 million matrimonial property and asset division dispute involving his former wife, Ms Sonja Madzikanda, which had been awaiting determination by the Supreme Court.
Mr Chivayo’s death brought the proceedings to a halt, with the matter being removed from the court roll pending his substitution by an executor or executrix who can represent his estate. His lawyer, Advocate Sylvester Hashiti, confirmed the development.
“The matter was removed from the roll on account of appellant’s demise until such a time he is substituted by his executor or executrix who will represent him in court as concerns any claims against his estate,” said Adv Hashiti.
The appointment of an executor will, therefore, be particularly important in determining how the outstanding litigation involving Mr Chivayo’s estate proceeds.
Under Zimbabwe’s civil procedure, a deceased litigant cannot personally continue participating in court proceedings, making the appointment of a legally recognised representative necessary where litigation survives the death. Legal experts said, for Ms Madzikanda, however, Mr Chivayo’s death does not automatically extinguish any claims she may have against his estate. Instead, the outstanding matrimonial dispute could become one of the significant legal and financial matters that the estate’s administrator will have to address.
Sources close to the matter indicate that Ms Madzikanda’s legal team intends to pursue its claims, including those relating to property division and maintenance, once an executor or executrix has been appointed.
Any claims will have to be considered through the applicable legal processes, and should the estate dispute or reject them, the parties could seek determination through the courts. The interests of Mr Chivayo’s two minor children will also be an important consideration during the administration of the estate.
In terms of the law, their father’s death does not mean that his assets automatically transfer into their possession. The estate must first undergo the prescribed administration process, during which assets are identified, liabilities and legitimate claims established, and applicable obligations addressed before the remaining estate can be distributed to those legally entitled to inherit.
The administration process must also take account of the children’s interests, including their financial security and provision for their welfare, healthcare and education.
The Master’s Office will have an important supervisory role in ensuring that the estate is administered in accordance with the law, while the appointed executor or executrix will be responsible for carrying out the administration.
But perhaps one of the biggest outstanding questions is whether Mr Chivayo left behind a valid will. The existence of a valid will could significantly influence the direction of the process by setting out how he intended his estate to be distributed, subject to applicable legal obligations and protections.
If he died intestate, meaning without a valid will, the distribution of his estate would instead be governed by Zimbabwe’s applicable intestate succession laws.
Once appointed, the executor or executrix will assume responsibility for identifying and safeguarding the deceased’s assets, establishing the estate’s liabilities, dealing with recognised claims and overseeing the eventual distribution of the net estate in accordance with the law.
The scale and complexity of Mr Chivayo’s business interests could make this an extensive exercise, particularly where assets are held through different companies or business arrangements and require valuation and verification. The process will also have to establish the full extent of his estate rather than relying on estimates of his wealth circulating publicly.
Efforts to obtain comment from Mr Chivayo’s family were unsuccessful.
