Kadungere’s family is unwilling to surrender the expensive luxurious lamborghini left for Ginimbi’s friend identified as “Kit Kat” in his unsigned will, filed with the Master of High Court, opting instead to contest the will.
The family has hired their own lawyer to fight the executor and to try and overturn the will.
If the will is regarded as invalid, then Kadungure would have died intestate and all his estate, after debts were paid would be distributed according to common law, which means in his case to some members of his family.
According to the unsigned will, accepted by the Master of the High Court at the end of last year as a valid expression of how Kadungure wanted his estate to be distributed in the event of his death, the vehicle now becoming the centrepiece of the row between executor and family was bequeathed to the person called ‘Kit Kat’.
Up until now, no one produced an identity card with that name.
However, a man called Nomatter Zinyengere, who was a friend to the late Kadungure, has written to the executor and family claiming to be “Kit Kat” and demanding immediate release of the vehicle to him.
The executor was quick to publish a notice in the Press inviting interested parties to inspect the initial distribution account, which does not include the proposed transfer of the vehicle to Zinyengere and submit any obligations.
The standard three weeks for such an inspection were the last three weeks of February but the Master of High Court’s office is shut down during the level four national lockdown.
The Press notice published on February 5 this year read: ” Notice is hereby given that the First Interim liquidation or distribution account in the above estate ( Genius Kadungure) will lie for inspection for a period of 21 days as from the 5th of February 2021 at the office of the Master of High Courts, Harare. Should no objections be lodged with the Master of High Court within the period of inspection, payments will be made in accordance therewith….”
However, it appears that this distribution account, normally filed at the Master’s office before publication of the notice,
had not been formally filed, possibly because the same office closure meant there was no one available to record it being handed in.
The Kadungure family are now becoming disenchanted with the executor, saying they accepted the unsigned will and the appointment of Ms Patricia Darangwa while not thinking fully of their bereavement.
An executor’s role is clearly defined. They have to track down all assets of the estate, give those owed money by the late person the opportunity to claim debts and find those who owed the late person money or assets to hand those over.
They then implement the desires of the late person as expressed in the will, although the law requires the Master of High Court to modify these to ensure that those who were supported by the late person continue to be supported by the state, with a cut off point for children and any surviving spouse has a lifetime right to occupy the matrimonial home or an agreed alternative.
This does not necessarily change the distribution of assets, but can ensure that income and occupation rights are preserved.
Frequently families dislike, and sometimes dispute, wills that leave assets to other people or others outside the family. But once the basic support for those entitled to financial support are sorted out, a person can leave their property to who ever they wish. The will usually names an executor, or lays down how the executor is chosen.
Ms Darangwa reportedly authored the will and now the family feels she pressed them to accept the will and her appointment, though the late Kadungure had not appended his signature to it.
The executor is expected to move rapidly and finalise all transfers of assets as quickly as possible and not leave the estate in limbo for long periods of time.
The family feels that the necessary verification of the identification of “Kit Kat” is incomplete.