Yesterday, Wicknellโs uncle reassured President
@edmnangagwa that the Chivayo family will respect Wicknellโs wishes to leave all his estate for his children.
I asked a friend of mine who is a lawyer if it will be as simple as that?
He said it may be, and it may not be.
Here are some points he raised:
1. Indeed, Wicknell had the right to leave EVERYTHING he had for his children.
However, itโs not as simple as transferring everything he owned to his children, it depends on the type of marriage he had with his wife and whether he died with a Will or not.
2. Marriages in Zimbabwe are, by default out of community of property. However, it doesnโt mean that if there is a surviving spouse he/she can just be left destitute. There are laws that protect a surviving spouse from becoming destitute in the event that the spouse died without a will or the will totally disinherited the surviving spouse.
3. In the case of Wicknell & Lulu, for practical purposes, they died at the same time (simultaneously). And, as such, under Zimbabwean law, none of them can inherit from the other (He also emphasised that in other countries, the law assumes that the younger of the two died after the older. And in that case, it may be accepted that the younger one inherited the older spouseโs estate before dying).
So, in the case of Wicknell & Lulu, unless someone has evidence that one of them died after the death of the other, the law will treat their death as a simultaneous death.
In this case, their estates will be separated and wound up INDEPENDENTLY. This means all the properties that were in Luluโs name will be part of her estate and that property will be inherited by the people stipulated in her will. If there is no will, itโs most likely her siblings & parents who will inherit Luluโs estate.
Wicknellโs properties will also be wound up independently.
4. If they were married in community of property, their joint estate will be split in two and wound up separately.
This means that, Wicknellโs children, may only be entitled to the 50% of the estate. The other 50% will be in Luluโs estate and will go to her chosen beneficiaries OR, if there is no will, most likely to her siblings/parents.
5. For application of the law, in the case where there is no will, children entitled to an estate are only biological children or legally adopted children.
This means that Wicknellโs children with someone else (not Lulu), may not inherit Luluโs estate unless she legally adopted them before her death or if her will explicitly cites them as beneficiaries.
6. As much as there can be a will, some people may challenge it. The signal from the family is good, but it doesnโt mean thatโs the end because someone may challenge it.
7. Wicknellโs ex wife, Sonja, is also another factor that can bring more complications to the liquidation of Wicknellโs estate.
However, since her own children are the beneficiaries of the estate, she may relax and just be the mother of rich kids.
But if she feels she deserves to inherit something, she may challenge the will in court.
In short, the issue of Wicknellโs estate may not just be put to rest by the uncleโs announcement, this may just be the beginning of a long battle ahead.
DISCLAIMER: I am not a lawyer, I just tried to summarise what I heard from a friend of mine who is a lawyer. This is also for awareness purposes so that we all prepare for the day we leave this earth!
What do you say???