Lusaka lawyer Kelvin Bwalya Fube has been sued by a widower who is seeking benefits from his late wife’s estate.
Mr Robbie Mulenga, who claims to be a beneficiary of the the estate of Priscilla Chilombo Musole, has sued Bwalya in his capacity as executor of the late wife’s estate.
Mr Mulenga, who is represented by Ituna Partners, wants the court to declare that his wife died partially intestate which portion of intestacy includes terminal benefits and pensions.
He also wants the court to declare that he is a beneficiary entitled to the portion of the estate of the late, that is partially intestate, which portion of intestacy includes terminal benefits and pensions.
And Mulenga wants the court to order Bwalya to distribute to him the portion of the estate of Priscilla that is distributable under the partial Intestacy or any other further relief the court may deem fit.
Mulenga in his affidavit filed in court stated that he was Priscilla’s husband until the time she died.
He stated that at the time of her death, Priscilla had executed a Will where she directed on how her assets must be administered and distributed.
Mulenga stated that under the same Will, Bwalya was appointed as the executor of the Will.
He stated that upon perusal of the Will, he discovered that among the assets to be distributed such as the pension benefits were not included.
Mulenga stated that since the pension benefits were not included in the Will, it means that Priscilla died partially intestate with regard to them.
He stated that he had been advised by his advocates and verily believed that since he was the surviving spouse, he was one of the beneficiaries of the pension benefits.
According to her Will and Testament, Priscilla wished that: “My flat at NIPA Government flats I give to my two children, supervision, my elder sister. The property will be held as a joint tenancy when one of the children attains age of 21. before then, the rent proceeds must be utilised to pay her education,” she stated. “The plot in Chamba Valley should also be given to my two children, each to get an equal share. My liabilities should be leased from my terminal benefits, my property in Palabana, I give to my children. I hereby appoint Kelvin Fube Bwalya to be the executor of my estate,” read the Will.