Court Rejects Estranged Wife Of 16 Years’ Claim To Late Husband’s Estate

An estranged wife of 16 years’ bid to inherit her late husband’s estate has been rejected by the High Court nine years after the man’s death.

A UK-based woman, Joyce Charlie, has lost her bid to be recognized as the sole heir to her late husband’s estate after a High Court ruling dismissed her claims. Joyce, who separated from her husband Martin Charlie 16 years ago, filed a legal application seeking to declare the sole asset of his estate as matrimonial property, making her the only beneficiary. However, her estranged husband had since remarried and started a new family.

Parties Involved in the Dispute

The case saw Joyce suing multiple parties, including the estate’s executor, Mativenga Lloyd Mhushi, the Master of the High Court, and several family members, including Martin’s children and his second partner, Elinah Nyamayaro, who represented the late husband’s son, Edgah.

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Desceased estate — Estranged wife of 16 years denied desceased husband’s estate-Image Source@X

In her application, Joyce argued that she married Martin in 1978 under the then Marriages Act and remained legally married to him until his death in 2015. She claimed they acquired a property in Ardbernie during their marriage, which she considered their matrimonial home and the sole asset of his estate.Joyce stated that after relocating to the United Kingdom in 1999 to seek better opportunities, she maintained a connection to Zimbabwe, regarding the property as her only home. She also alleged that she sent funds to maintain the property, reinforcing her claim as the rightful heir. Furthermore, she argued that since the property was their matrimonial home, it should not be available for inheritance by Martin’s children from other relationships.

Counterarguments from the Executor

The estate’s executor opposed Joyce’s application, pointing out that she had been absent from the property for over 16 years. He argued that Joyce had effectively abandoned the matrimonial home by moving to the UK and failing to return, even during Martin’s illness, death, and burial. He described her prolonged absence as akin to a de facto divorce.

The executor also noted that Joyce sent her relatives to retrieve her belongings from the property following Martin’s passing, further distancing herself from any claim to the estate.

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High Court Ruling

High Court Judge Justice Gladys Mhuri ruled against Joyce, stating that while she met the criteria of being Martin’s surviving spouse, she failed to satisfy the requirement of residing in the matrimonial home immediately before his death.

The judge emphasized that Joyce had not returned to the property since leaving for the UK in 1999. She also highlighted the lack of evidence supporting Joyce’s claim that she had sent money for the maintenance of the house or the welfare of Martin’s children. Justice Mhuri stated,

“Even using a purposive approach, it cannot be said that the applicant lived in the house immediately before the deceased’s death.”

Justice Mhuri acknowledged that Martin had lived with his second partner, Elinah Nyamayaro, from 2008 until his death in 2015, effectively establishing a new household. The judge also stressed the importance of examining the nature of separations in such cases, particularly when they span extended periods.

“All things considered, I conclude that the applicant has failed to meet the legal threshold of residing in the matrimonial home immediately prior to her husband’s passing,” Justice Mhuri concluded.