(1) ZARANYIKA v THE MASTER & ORS (2) ZARANYIKA v ZARANYIKA & ORS 2019 (3) ZLR 288 (H)

2019 (3) ZLR p288

Flynote

Administration of estates – estate account – confirmation of by Master – Master's duties

Administration of estates – winding up of estate – excessive time taken to do so – remedies available

Costs – claim for costs on grounds of simply opposing relief sought – unlawfulness of – right of all persons to approach courts

Legal practitioner – fees – legal practitioner acting as executor in deceased estate – only entitled to such fees as executor would be entitled to

Practice and procedure – parties – trust – right of trust to sue and be sued in its own name without citing trustee

Review – purpose of – ensure no abuse of power by administrative authority – court having no power to substitute its own opinion

Trust – legal status of – not a legal persona – nonetheless may sue or be sued in its own name without citing trustee – testamentary trust –creation of – no requirement for such trust to be registered

Will – interpretation of – need to ascertain intention of testator – freedom of testation – limits to – clauses binding future conduct of beneficiaries – condition amounting to restraint on marriage of surviving spouse – such condition contrary to public morality