Introduction
Estate administration and planning in Zimbabwe are essential processes for managing and distributing a person’s assets after death. With the recent Administration of Estates Amendment Act, 2024, which came into effect in February 2025, there are significant changes aimed at modernizing and improving the administration of estates, including deceased estates, minors’ affairs, and related matters. This article explores the key steps involved in estate administration and planning in Zimbabwe, helping individuals and families protect their legacy and ensure smooth transfer of assets.
Understanding Estate Administration in Zimbabwe
Estate administration refers to the legal process of managing and distributing the assets of a deceased person according to their will or, in the absence of a will, according to the laws of intestacy. The Administration of Estates Act [Chapter 6:01] governs this process, with the recent 2024 amendments enhancing the efficiency and transparency of estate management.
Role of the Master of the High Court
The Master of the High Court plays a central role in overseeing estate administration. Responsibilities include:
- Granting letters of administration or probate to executors or administrators
- Supervising the collection and distribution of estate assets
- Protecting the interests of minors, mentally incapacitated persons, and absent persons with claims on the estate
- Ensuring creditors and beneficiaries are properly notified
Key Steps in Estate Administration and Planning
1. Draft a Valid Will
A clear and legally valid will is the foundation of effective estate planning. It specifies how assets should be distributed and appoints executors to administer the estate. Without a will, the estate is distributed according to intestacy laws, which may not reflect the deceased’s wishes.
2. Appoint an Executor or Administrator
- Executor: Named in the will to manage the estate.
- Administrator: Appointed by the Master if there is no will or no executor.
The appointed person must apply for letters of administration or letters of probate to gain legal authority to administer the estate.
3. Apply for Letters of Administration or Probate
This formal application to the Master’s Office involves submitting:
- Death certificate
- Original will (if available)
- Inventory of assets and liabilities
- Relevant forms as prescribed by the Administration of Estates Act
The Master then issues legal authority to administer the estate.
4. Secure and Manage the Estate
Once appointed, the executor or administrator must:
- Take custody of the deceased’s assets
- Safeguard property and investments
- Collect debts owed to the estate
- Pay outstanding debts and taxes
The 2024 amendments emphasize timely management and accountability during this phase.
5. Notify Creditors and Beneficiaries
The executor must publish notices in the Government Gazette and local newspapers, inviting creditors to submit claims within a specified period (usually 21 days). Beneficiaries are also informed about the estate administration progress.
6. Prepare and Submit Estate Accounts
Within six months of appointment, the executor must prepare detailed accounts showing the administration and distribution of the estate. These accounts are lodged with the Master and made available for inspection by interested parties.
7. Distribute the Estate
After settling debts and obtaining approval from the Master, the executor distributes the remaining assets to beneficiaries as per the will or intestacy laws.
Estate Planning Tips for Zimbabweans
- Regularly update your will to reflect changes in family or financial circumstances.
- Consider trusts to manage assets for minors or vulnerable beneficiaries.
- Plan for estate taxes and other liabilities to avoid surprises for heirs.
- Engage legal professionals experienced in Zimbabwean estate law for guidance.
- Communicate your plans clearly with family members to prevent disputes.
Recent Changes Under the Administration of Estates Amendment Act, 2024
The 2024 amendments introduce key improvements:
- Establishment of a Master’s Office Board to enhance oversight.
- Clarification of definitions and roles within estate administration.
- Streamlined procedures for minors, mentally incapacitated persons, and absent persons’ estates.
- Enhanced protection for creditors and beneficiaries.
- Recognition and enforcement of foreign letters of administration within Zimbabwe.
These changes aim to modernize estate administration, reduce delays, and increase transparency.
Common Challenges in Estate Administration
- Delays in obtaining letters of administration or probate
- Disputes among beneficiaries or heirs
- Unclaimed or unknown assets
- Complexities involving minors or mentally incapacitated persons
- Tax liabilities and compliance issues
Proper planning and professional advice can mitigate these challenges.
Conclusion
Estate administration and planning in Zimbabwe require careful attention to legal procedures, especially with the recent amendments to the Administration of Estates Act. By drafting a valid will, appointing trustworthy executors, and following statutory requirements, individuals can ensure their estates are managed efficiently and their wishes honored. Staying informed about legal changes and engaging expert advice will safeguard your legacy and provide peace of mind for your loved ones.
