This follows a
growing trend where individuals in such informal partnerships are being
incorrectly advised that they are automatically entitled to inheritance from
their deceased partners as legal spouses would.
The confusion
stems from a misinterpretation of a provision of the law, which was introduced
under Section 41 of the new Marriages Act (Chapter 5:17).
The Act defines
a civil partnership as a relationship between an unmarried man and woman, both
over 18, who have lived together as if they are husband and wife on a genuine
domestic basis.
In an interview
with Zimpapers in Victoria Falls on Monday, Mr Eldard Mutasa expressed concern
over the knowledge gaps surrounding inheritance issues leading to bullying,
undermining and ridicule of legally married couples.
“There is a
huge knowledge gap on issues to do with inheritance. People really don’t
appreciate that,” said Mr Mutasa.
“So, I would
encourage them to visit our office or consult legal practitioners or
professional estate administrators so that we demystify all those
misconceptions.”
He directly
addressed and dismissed the core of the false information circulating on social
media regarding perceived entitlement to inheritance.
“As we speak,
there are people who are saying that this new law, which introduced the civil
partnership under Section 41 gives title to civil partners to inheritance as
wives or as husbands. That’s very inappropriate,” the Master of the High Court
declared.
He said the
misinformation is causing anxiety, particularly among legally wedded spouses.
“But if you ask
around, especially among women, people are now questioning the importance of
the institution of marriage or having a marriage certificate if the law
provides that when somebody stays with my husband for just three months, she
becomes a wife. That is not correct, far from it,” said Mr Mutasa.
“Civil partners
are not entitled to inheritance at all. You see, they have their own place.
Nothing in our laws accords them that status of a surviving spouse,” he
explained.
Mr Mutasa
further clarified that a person’s status as a civil partner is not automatic
and is only formally recognised by a court upon the dissolution of the
relationship through separation or death for the specific purpose of
distributing assets acquired during the partnership itself.
“They remain a
civil partner, and they have to be declared as a civil partner by the court.
Remember, their status is only looked at when they want to separate with the
partner,” he said.
“It’s only the
dissolution of that relationship. That is when the court is now called upon to
look at the rights.”
The
distribution of assets, said Mr Mutasa, is governed by the Matrimonial Causes
Act and pertains only to assets the couple acquired together, not the entire
estate of the deceased.
Mr Mutasa
reaffirmed his office’s commitment to educating the public and upholding the
law.
“So, there is
nothing like a civil partner is entitled to inheritance, those are some of the
things we will assist the community to understand, and those out there who are
being bullied,” he added.
“We are there
to clear those misconceptions to follow the laws of the country, to lay out the
correct procedures.”
The
clarification by the Master of the High Court, serves as a crucial reminder for
all citizens to seek verified legal advice from professionals regarding matters
of inheritance and not to rely on potentially costly community gossip.
The Master of
the High Court is a special branch in the country’s justice and legal system
that serves the public in respect of deceased estates, liquidations (insolvent
estates), registration of trusts, tutors and curators, as well as the
administration of the guardian’s fund for minors and mentally challenged
persons. Herald
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