PROBATE AND SUCCESSION
TUTORIAL QUESTIONS
QUESTION 1
Mr Banda died in 2015 in a plane crash and was survived by a wife and
seven children. Four from his first wife and three from his second wife
whom he had married after his divorce from his first wife. Among the
things recovered from the wreckage was a cell phone which was traced
to having belonged to Mr Banda. Before he died Mr Banda had made a
recording of what was happening on the plane. In the same recording
he gave instructions on how some of his property should be distributed.
a) Will the recording be admitted to probate? State the reasons for
your answer.
QUESTION 2
Mr Chabwera died intestate survived by a wife 5 children and his
elderly mother. Amongst the properties that he owned were 3 properties,
two of which were jointly owned with his wife, a 50 hectare farm in his
home town of Lundazi, and 3 vehicles. Mr Chabwera also owned a
Company in which he held 90 percent shares and the other 10 percent
was held by his 5 children who had 2 percent each.
a) What will comprise Mr Chabwera’s estate?
b) How will the estate be distributed?
c) What is the difference between joint tenancy and tenancy in
Common
d) what is the difference between an estate and residue of an estate?
QUESTION 3
In June 2011, Clement Zimba executed a WILL in which he appointed
his son Alinani aged 10 years old as executor. In September 2015 Mr
Zimba died after a short illness.
a) Should the the WILL be admitted to probate? State your reasons
for your answer.
QUESTION 4
Mr Arben Metropolis an Albanian resident in Zambia died in a Road
Traffic Accident in September 2016 and was survived by a wife who he
had married under statute, five children one of whom was based in
Albania. Mr Christoph Metropolis, a brother to the deceased travelled
from Albania to attend the funeral. The estate comprised of a butchery,
a block of 6 Flats,two motor vehicles and Fifty Thousand United States
Dollars. After the funeral the widow and Mr. Christoph went and
obtained an order of appointment from the local court. However
during the course of administration of the estate the two administration
differed over money. Consequently Mr Christoph went and obtained
letters of administration from the probate registry of the High Court for
Zambia. When the Widow confronted him on the matter he alleged
that she was actually not a spouse as the deceased had a wife in
Albania.
a) Which of the two Administrators is entitled to administer the estate?
State the reasons for your answer.
b) What is the jurisdiction of the Local Court in matters relating to
succession.
c) What is the position of the law on the marriage in Zambia and the
Albanian marriage.
QUESTION 5
Mr Hatembo died intestate in January 2016.
He had three wives.
The first wife Beatrice he married under statutory law and the other two
under customary law. He had 17 chidren seven from the first wife,
six from the second and three from the third wife. He was guardian to
his niece, Bertha, a child of her younger sister who had died during
child birth who he raised from birth. Mr Hatembo worked for AB Bank
and all his children and Bertha were listed as beneficiaries with his
employers. His estate was comprised of a Farm where he lived with his
first wife and two other houses were the other two wives lived with their
children, two motor vehicles and money in his Bank account.
a) Who are the beneficiaries under Mr Hatembo’s estate
b) How will the assets be shared?