Former Malawi president the late Bingu wa Mutharika’s widow, Callista, can challenge Mutharika’s will if she wishes because the document became invalid the moment she married him.
Mutharika wrote his ‘Last Will and Testament’ after the death of his first wife Ethel in 2007. Three years later, Mutharika married Callista.
However, when the will became public last week after Mutharika’s death on April 5 2012, it transpired that Callista was not on the list of beneficiaries. Apparently, Mutharika had written the will before marrying Callista.
But Chancellor College dean of law Dr Mwiza Nkhata, on Sunday said all is not lost for Callista as she can challenge the will.
He said: “Callista Mutharika, as the lawful wife of the late president, can challenge the will if she thinks that her late husband did not make reasonable provision of her in it. This legal basis is in the Deceased Estates (Wills, Inheritance and Protection) Act.”
Nkhata said under the laws of Malawi, marriage revokes a will if, in this case, it was written before the late president’s marriage to Callista.
On what could be done, Nkhata said the issue could be taken to court and if the applicant is successful, the court may order redistribution.
Mutharika’s property includes bank accounts, estates, property and a number of vehicles belonging to Bineth Trust, Bingu Silver-Grey Foundation and the University of South Malawi.
Last Wednesday, Callista asked the High Court to remove Mutharika’s daughters—Tapiwa and Duwa—as administrators of the multi-billion kwacha deceased estate and sought a court order for the two to fully account to the estate.
Mutharika’s estate is riddled in legal battles as government is also seeking K5 billion (about $12.5m) in unpaid estate duty.
The High Court has since adjourned the matter to July 17.
