Inheriting Property and Assets in Zimbabwe from the UK: A Practical Legal Guide

For Zimbabweans based in the UK who stand to inherit — or who own property they want to pass on — the legal process is more complex than many families realise. Two separate legal systems apply depending on whether the deceased was in Zimbabwe or the UK, and Zimbabwean customary law adds a further layer that can override expectations around who inherits what. ## The Zimbabwean Legal Framework All Zimbabwean estates, regardless of where the owner died, are governed by the Administration of Estates Act [Chapter 6:01]. This is the central piece of legislation controlling how property passes after death. Crucially, Zimbabwean property cannot legally change hands after an owner's death until the estate has been formally registered and an executor appointed by the Master of the High Court of Zimbabwe. This applies even if the deceased died in the UK and even if their family assumed the property would pass automatically to a spouse or children — it does not work that way. ## Customary Law vs Civil Law Zimbabwe operates two inheritance systems. Civil law (applied to formally registered wills and estates) broadly follows the wishes of the deceased as expressed in a valid will. Customary law, which applies where there is no will or where the deceased was married under customary law, can produce very different outcomes — particularly for widows. Under customary succession, property may pass to the deceased's male relatives rather than to the surviving spouse or children. The Deceased Persons Family Maintenance Act and the Intestate Succession Act have improved protections for surviving spouses and children, but disputes remain common, especially when extended family assert customary claims. Diaspora families should not assume that UK-style expectations about a widow automatically inheriting the matrimonial home will apply without challenge. ## When a Zimbabwean Dies in the UK If a Zimbabwean residing in the UK dies with assets in Zimbabwe, the foreign estate must be registered in Zimbabwe separately from any UK estate administration. Under Section 35 of the Administration of Estates Act, a foreign executor — meaning someone appointed to administer the estate by authorities in another country — must formally apply to the Master of the High Court of Zimbabwe for Zimbabwe-specific Letters of Administration. Having UK Probate or Letters of Administration granted in England and Wales does not automatically authorise that person to deal with Zimbabwean assets. A separate application in Zimbabwe is mandatory. This matters practically because Power of Attorney arrangements that were in place before the death become legally ineffective upon death. Families sometimes assume that someone who held Power of Attorney to manage property on behalf of the deceased can continue to act — they cannot. Fresh legal authority must be obtained through the Zimbabwean courts. ## The Role of a Valid Will A will written in the UK may be recognised in Zimbabwe, but it needs to meet Zimbabwean legal requirements to be accepted without complication. Foreign wills can be admitted to the Zimbabwean probate process, but they must still go through the Master of the High Court, and if the will does not address Zimbabwean-specific assets or family arrangements clearly, disputes can arise. Anyone with property in both countries is strongly advised to have a Zimbabwe-specific will drafted by a Zimbabwean attorney, in addition to a UK will. The two documents should be drafted so they do not inadvertently revoke each other — a common technical error. ## Estate Duty and Tax Considerations Zimbabwe levies estate duty on the net value of a deceased estate. The rate and thresholds have changed over time, so professional advice from a Zimbabwe-registered legal practitioner is essential at the time of administration. On the UK side, non-residents do not generally pay UK Inheritance Tax on assets located outside the UK, but UK-based assets — including property and bank accounts held in the UK — may be subject to UK Inheritance Tax if the deceased was domiciled in or had sufficient ties to the UK. If the same assets are taxed in both jurisdictions, a double-taxation treaty may allow some relief, though Zimbabwe and the UK do not have a comprehensive double-taxation treaty covering estate duties in all circumstances. If a beneficiary inherits UK property or land as a non-resident and later sells it, Capital Gains Tax will apply to any gain made on that sale. Inheriting and selling other UK assets such as shares does not trigger Capital Gains Tax for non-residents. ## Practical Steps for UK-Based Families 1. **Appoint a Zimbabwe-based legal practitioner** who is registered with the Law Society of Zimbabwe and familiar with estate administration. Do not rely on informal family arrangements. 2. **Apply to the Master of the High Court** for Zimbabwean Letters of Administration, even if UK Probate has already been granted. 3. **Check whether a valid Zimbabwean will exists.** If not, the estate will be administered under intestate succession rules, which may not reflect the deceased's intentions. 4. **Clarify the nature of any marriage.** Whether the deceased was married under civil or customary law will affect who has legal rights to what. 5. **Do not allow the property to be occupied, transferred, or sold** before the executor has been formally appointed and Letters of Administration issued — doing so creates legal complications and potential fraud liability. 6. **Seek specialist cross-border legal advice** if both a UK and Zimbabwean estate are involved, as the interaction between the two systems requires careful coordination. ## Planning Ahead For Zimbabweans in the UK who own property back home, proactive estate planning is far less costly than resolving a disputed or unplanned estate after death. Drafting a Zimbabwe-specific will, ensuring title deeds are in order, and communicating clearly with trusted family members and legal representatives in Zimbabwe are the most effective steps available. Some diaspora-focused legal services and Zimbabwean law firms now offer remote consultations for UK-based clients.