CAPE TOWN - Accused husband killer, Zurenah Smit, has been disinherited after the Western Cape High Court found slain wine farmer Stefan Smit’s ‘last will and testament’ had been forged.
Zurenah and her two co-accused, Derek Sait and Steven Damon, are currently before court, where they face charges of murder, house robbery, illegal possession of a firearm, illegal possession of ammunition and assault with the intent to do grievous bodily harm.
Stefan’s daughters - Martine and Louie Smit, together with the Master of the High Court as respondents - argued that it would be unjust if Zurenah was set to benefit from his estate while she is accused of being the mastermind behind his murder at their home in 2019.
Judge Babalwa Manatme said: “The respondents emphasised that it would be unjust if the murderer could enrich herself by killing her husband and claiming maintenance from his estate for the rest of her life. The most gruesome fact is that a well-planned murder, the callous execution and Smit’s subsequent conduct does not only disqualify her to inherit from the deceased, but also to receive any benefit, including maintenance.”
Smit had allegedly forged three documents and submitted one, which she purported to be her late husband’s last will dated 12 January 2019 “for her benefit”, which further makes her a candidate for criminal prosecution under the Administration of Estates Act.
“The forged documents, in my opinion, are invalid and have no force or effect. There is no basis on which Smit can acquire a status of being an executrix of the estate based on those documents.
“In addition, there is no basis on which she could be appointed as a trustee of either trust, namely the W S Smit Watergang Trust and the Ribbok Heuwels Trust, having committed such scandalous, dolorous and reprehensible actions. It then follows that as an idigna, wrongdoer and murderer, she is not entitled to claim spousal benefit in the form of maintenance against the deceased estate,” said Judge Mantame.
Judge Mantame declared the 2019 will null and void while accepting a last will, dated 7 December 2018, as the last will and testament of Stefan.
In her order, Judge Mantame declared Zurenah “unworthy” of taking any benefit from Stefan’s estate, including maintenance and benefits from a R3.5million policy.
Stefan was the owner of Stellenbosch wine farm Louisenhof and was murdered in June 2019 when armed suspects entered their residence through an unlocked door.
Cape Times