Inheritance.

Can you claim a share if you are left out of your parent’s or spouse’s will?

Anyone can write in their will, who they want to give their property to after they pass on. However, the Courts have the power to override a person’s wishes as stated in a will. The power of the Courts in this regard is necessitated by the need to protect the interests of dependants who have been excluded from the will.

The Court has the power to override a person’s wishes in will if they see that the interests of the deceased’s dependants are not adequately catered for.

The dependants that the law has in mind are children of the deceased who are under the age of 18 years. It is unreasonable for a deceased to bequeath his/her property to other persons and leave his/her dependant with nothing or inadequate property. The reasoning is, if the deceased was still alive he or she would have been expected to take care of his/her under age dependants.

As for Spouses, the law allows that a person can exclude their spouse from their inheritance. The reasoning is that in Zimbabwe marriages are out of community of property. What it means is that parties to a marriage are entitled to own, and dispose of property in their individual capacities. Therefore a person who is married has a right to dispose his property to whomever they want regardless of marriage.

Just as you can sell your property whilst in a marriage, you can give your property to someone else who is not your spouse in your will.

So a wife will not claim property bequeathed to other people via will simply because she is the wife. If a spouse claims that he/she contributed to the acquisition of property that has been bequeathed to another person, they can claim as a creditor during the 21 days within which an estate is advertised.

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The author of this snippet is Simon Flemming Mutandi, a lawyer who writes in his personal capacity. The purpose of these pieces is to share insights into the law. The language and content is simplified to give the reader a digest of complex legal issues. For more information contact 0783475020 or email simonflemming1@gmail.com.