“I’m advised that under ordinary circumstances a duly appointed executor distributes property after he had been issued with a certificate by the Master of the High Court or with the consent of the estate after being issued with the interim statement of the distribution account,” argued Muleya. She said Adv Mlaudzi without her knowledge or that of the Master of the High Court, proceeded to distribute property under the estate. Muleya also accuses Adv Mlaudzi of forging her son’s signature in the waiver of security. First respondent does not have these documents,” said Mulaudzi’s widow. “The first respondent is not the executor of estate of the late Fanuel Mulaudzi because a person deemed to be an executor of an estate after being authorised by the Master of the High Court must be in possession of a letter of administration on appointment. She also queries Adv Mlaudzi’s position as the executor, arguing that there were irregularities in the manner in which the matter was being handled. There’re no satisfactory reasons given by the first respondent why it took him two years to lodge the will and why he misrepresented facts,” said Muleya. My husband died on November 5, 2014, and this can’t be done after a person has passed on and the first respondent as a lawyer with years of experience is surely aware of this position. “I’m advised that a live will is lodged and registered during the lifetime of a testator and certain formalities have to be observed in terms of the law. “I have perused the record under DRB 748/14 and I have noted that there are serious anomalies in not only the way it was drafted, but generally the manner in which the process is being handled by the first respondent is clearly not transparent,” said Muleya.Īccording to the court papers, the disputed will was purportedly executed on October 12, 2012, and subsequently registered with the Master of the High Court on November 20, 2014, as a live will by Adv Mlaudzi. She said she and Mulaudzi had a son, Candrick, during their marriage whose paternity was now being questioned by Adv Mlaudzi. However, when I inquired about the will, the first respondent confirmed its existence but I was shocked to learn that I’m not named as a beneficiary,” said Muleya. When my husband passed on I was advised that he died testate and had named first respondent (Adv Mlaudzi) as the executor in the will. “I was traditionally married to the late Fanuel Mulaudzi sometime in 2008 and all the rituals to formalise our marriage were performed in line with our customs and lobola was paid. She further accuses Adv Mlaudzi of clandestinely nominating himself as the executor dative of the estate through the purported will that he prepared before registering it with the Master of the High Court under Case Number DRB 748/14. Muleya, in her founding affidavit, accuses Adv Mlaudzi of fraudulently drafting the will and forging her husband’s signature.
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