A LUSAKA widower has sued Lusaka lawyer Kelvin Bwalya Fube in the Lusaka High Court, seeking a declaration he is a beneficiary entitled to a portion of his deceased spouse’s pension benefits.

Robbie Mulenga, who has sued KBF in his capacity as the executor of his late wife’s estate, has argued that since he is the surviving spouse, he is one of the beneficiaries of the pension benefits.

He has submitted that when he perused through the will left behind by his late wife, Priscilla Musole, he discovered that among the assets to be distributed, the pension benefits were not included.

Mulenga is seeking a declaration that the late Priscilla died partially intestate which portion of intestacy includes terminal benefits and pensions. (A partial intestacy happens where an individual has left a Will but, for one reason or another, the Will does not fully deal with the whole of their estate.)

Mulenga is further seeking a declaration that he is a beneficiary entitled to the portion of the estate of the late Priscilla that is partially intestate, which portion of intestacy includes terminal benefits and pensions.

He also wants the Lusaka High Court to order that KBF distributes to him, the portion of the estate of the late Priscilla that is distributable under the partial intestacy.

According to an affidavit in support of originating summons filed into the Lusaka High Court on December 4, 2020, Mulenga stated that he was married to the late Priscilla until the time she died.

He stated that at the time of her death, his late wife had executed a Will where she directed on how her assets must be administered and distributed.

Mulenga stated that under the same Will, KBF was appointed as the executor of the estate of the late Priscilla.

He however, stated that upon perusal of the Will, he discovered that among the assets to be distributed the pension benefits were not included.

“I have been advised by my advocates and verily believe that since the pension benefits were not included in the Will, the late Priscilla Chilombo Musole died partially intestate with regards to the pension benefits,” Mulenga stated.

He added 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 the Will left by the late Priscilla, she appointed KBF to be the executor of her estate.

She gave her properties to her two children.