Inheriting Property and Assets in Zimbabwe as a UK Resident: Wills, Succession Law, Customary Claims and Practical Steps

For Zimbabweans in the UK, inheriting property or assets back home involves navigating two distinct legal systems — Zimbabwe's Administration of Estates Act and, where applicable, customary law — while also understanding what obligations, if any, arise under UK law. Getting this wrong can mean losing assets to family disputes, executor fraud, or procedural failures that are entirely preventable. **The Legal Framework in Zimbabwe** All deceased estates in Zimbabwe are governed primarily by the Administration of Estates Act [Chapter 6:01] and the Deceased Estates Succession Act [Chapter 6:02]. These two pieces of legislation determine how an estate is reported, administered, and distributed — whether or not the deceased left a will. Every deceased estate must be reported to the Master of the High Court within 14 days of death. A close relative files a death notice at the Master's Office on Samora Machel Avenue in Harare, or at the Bulawayo office where relevant. Missing this deadline without justifiable cause is a criminal offence under Section 5(3a) of the Administration of Estates Act, carrying a penalty of up to one year's imprisonment, a fine, or both. If you are in the UK when a relative dies in Zimbabwe, you will need to act quickly through a family member or appointed legal representative in Zimbabwe to meet this requirement. Once reported, the estate vests in the Master of the High Court and subsequently in an appointed executor. It is the executor — not the heirs — who holds legal authority over the assets during the administration period. Heirs cannot simply take possession of property; everything must pass through the formal distribution process. **Testate Succession: When a Will Exists** If the deceased left a valid will, the estate is distributed according to its instructions. Zimbabwe's Supreme Court confirmed in Chigwada v Chigwada and Others (December 2020) that the doctrine of freedom of testation applies: a testator has the legal right to leave property to any person of their choosing, including to the exclusion of a surviving spouse or children. The exceptions are narrow. If you are named as a beneficiary in a Zimbabwean will and you live in the UK, the executor in Zimbabwe administers the estate, settles debts and taxes, and then distributes what remains. You do not need to be physically present in Zimbabwe to receive your inheritance, though a power of attorney may be useful for dealing with banks or property transfers. **Intestate Succession: When There Is No Will** Where no valid will exists — or where a will does not cover all assets — the Deceased Estates Succession Act applies. The surviving spouse has a protected right under Section 3A (inserted with effect from 1 November 1997) to inherit the matrimonial home and household contents as part of their entitlement. The courts have interpreted the word "immediately" strictly: the surviving spouse must have been physically resident in the property at the time of death. Separation or living elsewhere can defeat this right. The remaining estate is divided between the surviving spouse and children according to the statutory formula. If you are a child of the deceased living in the UK, you are entitled to your statutory share regardless of where you reside. **Customary Law and Its Complications** Whether customary law or general law governs an intestate estate depends on the circumstances of the deceased. Under Section 68G(1)(b) of the Administration of Estates Act, there is a rebuttable presumption that general law applies where the deceased was married under the Marriage Act [Chapter 5:11]. If the deceased was in an unregistered customary law union, the estate may be registered at a Magistrates Court rather than the Master of the High Court. Customary law inheritance in Zimbabwe follows patrilineal principles, with male relatives historically taking precedence over female ones and spouses. The 1999 Zimbabwe Supreme Court ruling confirmed that customary law protections for women's inheritance rights are limited, and the legal framework has remained contested. If you anticipate a customary law dispute — for instance, where the deceased's extended family asserts customary claims over property — engaging a Zimbabwean lawyer early is essential. Disputes about whether customary law applies are referred to the Master of the High Court for determination. Unregistered customary unions also create complications around who qualifies as a surviving spouse for inheritance purposes. The courts, not the Master, hold jurisdiction to determine spousal status in these cases, and such disputes can be protracted. **Practical Steps for UK-Based Beneficiaries** If a relative dies in Zimbabwe and you expect to inherit: 1. **Appoint a Zimbabwean lawyer immediately.** Law firms such as Kanokanga & Partners, Honey & Blanckenberg, or CM Law Chambers can act on your behalf. They can monitor the estate administration, verify the executor's accounts, and protect your interests remotely. 2. **Request copies of the liquidation and distribution account.** The executor is legally required to prepare this account and submit it to the Master. Beneficiaries are entitled to inspect it. This document shows all assets, debts, and the proposed distribution. 3. **Secure the property.** If physical property such as a house or farm is involved, it is advisable to have a trusted family member or your lawyer ensure the property is not occupied, stripped, or transferred without authority during the administration period. 4. **Obtain a grant of letters of administration if needed.** If you are named as executor in a Zimbabwean will, you will need to apply to the Master for letters of administration before you can act. If you are UK-based, you can do this through a Zimbabwean attorney with a power of attorney. 5. **Transferring funds to the UK.** Once assets are distributed, transferring cash proceeds from Zimbabwe to the UK is subject to Zimbabwe's foreign exchange regulations. Work with a registered bank or bureau de change in Zimbabwe. Any funds legitimately received as inheritance are yours to bring into the UK; there is no UK inheritance tax on assets inherited from a person who was domiciled in Zimbabwe, as Zimbabwe does not impose estate or inheritance tax on the recipient. **UK Tax Position** Zimbabwe does not levy inheritance tax on beneficiaries. For UK residents, assets inherited from a person domiciled in Zimbabwe are generally outside the scope of UK inheritance tax. Once the inherited money or proceeds enter the UK, they are treated as capital and are not subject to income tax. However, any interest earned on those funds in a UK account is subject to UK income tax. If you receive a large transfer, inform your UK bank of the source to avoid anti-money laundering queries — a letter from the Zimbabwean executor or lawyer confirming the inheritance is helpful documentation to have on hand. **The Importance of Having a Will** The most effective way to protect assets for UK-based beneficiaries is for Zimbabwean relatives to make a valid will. A properly drafted will, executed under Zimbabwean law, significantly reduces the risk of customary family claims overriding the deceased's wishes, minimises disputes, and speeds up administration. If you have property in Zimbabwe yourself, you should consider making a Zimbabwean will in addition to your UK will — each covering assets in the respective jurisdiction.