Family feuds over estate

By Shelton Masina

A Bulawayo family is entangled in a nasty fight over their late father’s estate.

The Shirto family from Gumtree on the outskirts of Bulawayo is embroiled in a messy dispute after one of the family members refused to consent to the sale of their late father’s property claiming it was a calculated move by his siblings to render him homeless.

Their father, Thomas William Shirto, died on 18 September 2015, leaving nine children Geraldine, Bridget, Garfield, Heather, Ella, Tracy and Barbara as beneficiaries of his estate. Two of the children Vivien and Wayne are now deceased.

Garfield, who is now the only surviving son, is fighting with his sisters who reportedly ganged up against him while threatening to sell the property even without his consent.

Narrating the incident, Garfield said he had a blazing row with one of his sisters Geraldine after he refused to support her so that they could dispose of the property in question.

“Geraldine is pushing for my eviction from our family house after I refused to consent to her idea that we should sell one of our late father’s properties. She also approached the Deputy Master of the High Court to ensure that I get evicted from the family house. They told me that the house is being sold but I never consented as stipulated in the will that in the event that the property will be sold all the parties who are beneficiaries must reach a consensual agreement,” said Garfield.

B-Metro had sight of the copy of the will which clearly supports Garfield and it states:

“I direct that any immovable property owned by me at the date of my death, including all immovable improvements thereon, should not be sold by my said Executor and Administrator unless those of my said children alive at the date upon which the question arises consent to such sale”.

Legally, family members who are beneficiaries of the estate must reach a consensual agreement if the property is being sold.

Contacted for comment Geraldine said her brother initially agreed to sell the property. When asked about Garfield’s signature she then referred this reporter to the executor Willie Anderson who is a director of Anderson Executor and Trust (Pvt) Limited.

Anderson said: “I’m guided by the High Court to sell the property. I don’t get involved in family disputes. I got a letter from the High Court which instructed me to sell the property. I asked an agent to go and see the property and Garfield refused for them to enter. He set dogs on the agents.” Meanwhile, Anderson threatened this reporter with unspecified action saying he would be in big trouble if the matter was published in the Press.

“Journalists, you print rubbish and be careful if that story is published because you might land yourself in big trouble,” said Anderson.

An official from the office of the Master of the High Court who spoke on condition of anonymity and claimed to have intimate details of the property wrangle in question said: “The High Court does not sell property of the deceased but the family is the one to decide after making an agreement”. B-Metro