FORMER Vice-President Dr Joice Mujuru can be prosecuted for allegedly refusing to register General Solomon Mujuru’s will with the High Court...
FORMER Vice-President Dr Joice Mujuru can be prosecuted for allegedly refusing to register General Solomon Mujuru’s will with the High Court as required by law.
The crime attracts five years imprisonment. Last week, Mujuru family lawyer Mr Thakor Kewada said in a letter to the Master of the High Court that he had years ago drawn Gen Mujuru’s will, in which the legal practitioner was named executor.
He said Dr Mujuru had the will, but was reluctant to give it to him.
Legal experts yesterday said it was a serious criminal offence for one to wilfully withhold a deceased person’s property from an executor.
Mr Terrence Hussein of Hussein and Ranchod Legal Practitioners said: “According to Section 23(1)b of the Wills Act, any person, who, after the death of a testator, alters anything in a will, wilfully conceals, wilfully destroys any will shall be guilty of an offence liable to a fine not exceeding level 10 or imprisonment for a period not exceeding five years or to both such fine or such imprisonment.
“Therefore, any person making allegations of the above offences can report to the police or to the Master of the High Court who will report the matter to the police.”
Mr Jonathan Samukange, another lawyer, said a will constituted a deceased person’s property.
Mr Samukange said after a will has been read, it is the executor’s duty to identify the deceased’s properties, verify if the entire estate is registered and then distribute it accordingly.
Source: Sunday News
The crime attracts five years imprisonment. Last week, Mujuru family lawyer Mr Thakor Kewada said in a letter to the Master of the High Court that he had years ago drawn Gen Mujuru’s will, in which the legal practitioner was named executor.
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| Dr Joice Mujuru |
Legal experts yesterday said it was a serious criminal offence for one to wilfully withhold a deceased person’s property from an executor.
Mr Terrence Hussein of Hussein and Ranchod Legal Practitioners said: “According to Section 23(1)b of the Wills Act, any person, who, after the death of a testator, alters anything in a will, wilfully conceals, wilfully destroys any will shall be guilty of an offence liable to a fine not exceeding level 10 or imprisonment for a period not exceeding five years or to both such fine or such imprisonment.
“Therefore, any person making allegations of the above offences can report to the police or to the Master of the High Court who will report the matter to the police.”
Mr Jonathan Samukange, another lawyer, said a will constituted a deceased person’s property.
Mr Samukange said after a will has been read, it is the executor’s duty to identify the deceased’s properties, verify if the entire estate is registered and then distribute it accordingly.
Source: Sunday News
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