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Dar es Salaam,
The High Court in Tanzania has quashed a will that was allegedly written by prominent businessman Reginald Mengi who died in 2019.
Among other things, the court stated that the will does not meet the legal requirements which would make it to be regarded as valid.
Mr Mengi died on May 2, 2019 in Dubai, UAE, aged 75.
The court’s decision to reject the will was delivered on May 18 by Judge Yose Mlyambina following a lawsuit filed by four people, including a relative of the late tycoon, seeking to be nominated as administrators of Mr Mengi’s estate.
Judge Mlyambina agreed with the objections raised by one of Mengi’s eldest children and the tycoon’s brother, who were challenging the legitimacy of the will.
An inheritance case was filed by Benson Benjamin Mengi, William Onesmo Mushi, Zoebu Hassuji and Sylvia Novatus Mushi requesting that they be appointed trustees in accordance with the will.
Filed objection
However, Mr Mengi’s son, Abdiel Reginald Mengi and his brother, Benjamin Abraham Mengi, filed an objection against the will, challenging its validity. They presented six grounds for their objection.
Among the reasons for objection was the fact that it was not sealed and that the signature on the will was different from the one Mr Mengi normally used. They also said that no relative or wife of the tycoon was present when the will was signed.
They also claimed that Mr Mengi had no capacity to draw the purported will since he had been unwell since 2016. They added that the will had disinherited the tycoon’s children without regard to Chagga traditions and without involving his relatives.
The petitioners also claimed that the will bequeathed Mr Mengi’s estate to his new spouse — Jacqueline Ntuyabaliwe Mengi — and his twin children.
Upholding family name
They further argued that the said will complicated the duty to uphold the family name and legacy by those who had been disinherited.
After hearing submissions from both parties, the Tanzanian High Court declared the will invalid.
Judge Mlyambina said that among other things, the will deprived the petitioners of their inheritance without giving a reason, and that the assets of the tycoon’s first wife were included in the property.
However, the judge did not appoint the applicants as executors of the estate but instead appointed Abdiel and Benjamin as trustees. He directed that the estate be distributed to the appropriate heirs as it would be in a situation where someone did not leave a will.
Earlier, Mr Mengi’s widow, Jacqueline, had three times tried unsuccessfully to be enjoined in the case.
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