Zim GBC News Reporter
The Master of the High Court, Mr. Eldard Mutasa, has issued a stern clarification to correct a widespread and costly misconception regarding the inheritance rights of partners in informal unions, commonly known in Zimbabwe as mapoto or amapoto.
This follows a surge in misinformation, largely spread through social media, falsely claiming that individuals in such civil partnerships are automatically entitled to inherit from their deceased partner’s estate as a legal spouse would be.
In an exclusive interview, Mr. Mutasa expressed deep concern over these knowledge gaps, which are causing unnecessary anxiety and leading to the bullying of legally married spouses. He directly addressed and dismissed the false claims circulating online.
“As we speak, there are people saying that this new law, which introduced civil partnerships under Section 41, gives civil partners the right to inherit as wives or husbands. That is very inappropriate,” Mr. Mutasa declared.
“Far from it. Civil partners are not entitled to inheritance at all.”
He explained that the confusion stems from a misinterpretation of Section 41 of the Marriages Act. While the Act defines a civil partnership, it does not grant them the status of a surviving spouse for inheritance purposes.
“Their status is only considered when they want to separate from the partner. It is only at the dissolution of that relationship that the court is called upon to look at the rights,” he stated. Upon dissolution—through separation or death—a court may only distribute assets the couple acquired together under the Matrimonial Causes Act, not the entire estate of the deceased.
Mr. Mutasa urged the public to seek professional advice to avoid being misled.
“There are huge knowledge gaps on issues to do with inheritance. I would encourage them to visit our office or consult legal practitioners… so that we can demystify these misconceptions.”
This clarification aims to protect legally married couples from undue pressure and ensure all citizens understand the distinct legal pathways for formal marriages and informal partnerships.
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