PAGE, WILL MISSING, TEACHER’S ESTATE DISTRIBUTION HALTED

MBABANE - A missing page from a codicil and a mislaid Will of a teacher has halted the distribution of her estate.

A codicil is an addition or supplement that explains, modifies, or revokes a Will or part of one. The teacher’s mother, Lomlomo Gwebu and her two siblings, Mboniseni and Simon, both Dlamini, are now pleading with anyone who might have knowledge of the missing page to transmit it to the Master of the High Court. To show their desire to have the missing page and the Will recovered, the trio have filed an application at the High Court. They are seeking an order that a notice be issued in the local newspapers calling upon anyone who has knowledge of the complete Will to forward it to them or the master.

They are alternatively praying for an order directing the Master of the High Court to distribute the estate of the late Sibongile Emmah Kunene. Respondents in the matter are the Master of the High Court and the attorney general (AG). In her founding affidavit, Gwebu stated that she was the biological mother of Sibongile, who was married to Morris Kunene, who predeceased her. She informed the court that on January 14, 2018, Sibongile, who was her firstborn daughter passed on and left no descendants or children. Gwebu narrated that during the month of January 2018, they reported her (Sibongile) death at the offices of the Master of the High Court.She said they submitted the death certificate and other documents which were in  Sibongile’s at the time of her death. “We were advised that one of the documents we submitted was a codicil with a missing page.

Advised

“The Master of the High Court advised us to search for the missing page and the Will,” submitted Gwebu. She told the court that despite their diligent search, they failed to find the Will and the missing page of the codicil. Gwebu averred that the winding up of the estate was now in limbo because of the missing documents. “I believe that if the Will was not revoked by my daughter, it is in possession of someone within the jurisdiction of the court (Kingdom of Eswatini) as the deceased lived all her life in the Kingdom of Eswatini,” submitted the mother of the deceased.

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