Inheriting Property and Assets in Zimbabwe from the UK: Intestate Succession, the Administration of Estates Act, and Customary Law

For Zimbabweans in the UK with family property back home, inheritance can become one of the most legally complex and emotionally charged situations they face. Whether inheriting land, a house, livestock, savings, or a business, the process is governed primarily by Zimbabwean law — not UK law — and involves navigating the Administration of Estates Act, intestate succession rules, and in many families, the persistent influence of customary law. ## Which Country's Law Applies? When a Zimbabwean resident dies leaving assets in Zimbabwe, Zimbabwean law governs how those assets are distributed, regardless of where the beneficiaries live. If you are based in the UK and stand to inherit Zimbabwean property, you are subject to Zimbabwean inheritance law for those assets. UK inheritance tax does not apply to assets located in Zimbabwe held by a person who was tax resident and ordinarily resident in Zimbabwe. However, if you later bring inherited money into the UK, or earn income or interest from assets held in the UK, standard UK tax rules apply to that income. ## The Administration of Estates Act [Chapter 6:01] The Administration of Estates Act [Chapter 6:01] has governed estate administration in Zimbabwe since its origins in 1907. It controls how deceased estates are registered, administered, and distributed, and it applies to all Zimbabwean estates regardless of where heirs are located. The Act was significantly overhauled by the Administration of Estates Amendment Act, 2024, which was gazetted on 22 November 2024 and became operational on 24 February 2025 following Statutory Instrument 12 of 2025. This represents the most substantial modernisation of the framework in decades, addressing gaps in transparency and accountability that had accumulated over time. Under the Act, a deceased estate must be reported to the Master of the High Court (or an Assistant Master). An executor is then appointed — either as named in a will (executor testamentary) or appointed by the Master where no will exists (executor dative). The executor is responsible for inventorying assets, advertising for creditors, settling debts, and distributing the remainder to heirs. This process typically takes a minimum of six months but frequently runs longer in practice. For diaspora heirs, a critical point: if you are the appointed executor or need to act on behalf of the estate from abroad, you will almost certainly need a Power of Attorney in favour of a representative in Zimbabwe to handle day-to-day administration. Zimbabwe's Master's offices do not conduct remote proceedings, and physical presence or representation is required for most steps. ## Testate vs Intestate Succession Where a valid will exists, the estate is distributed according to its terms (testate succession). A will made in the UK or another country is not automatically invalid in Zimbabwe, but it must still be registered with the Master's office and administered through the Zimbabwean system for any immovable property located in Zimbabwe. A will drafted without Zimbabwean succession law in mind can create ambiguity — for example, failing to account for customary law claims or using legal language that has different effect under Zimbabwean law. Where no valid will exists, intestate succession rules apply. These rules determine who inherits and in what proportion. Zimbabwe's intestate succession framework has evolved considerably since independence in 1980, particularly regarding the rights of surviving spouses and children. The Constitution of Zimbabwe, 2013 contains express provisions on gender equality and non-discrimination that have progressively influenced how intestate estates are distributed, including abolishing the historical rule of male primogeniture — the practice of giving the eldest son priority over daughters and younger sons. The landmark case of Magaya v Magaya saw the Supreme Court initially uphold male primogeniture under customary law. However, subsequent constitutional development and the 2013 Constitution have challenged and substantially curtailed this position. Today, the formal legal position is that gender-based exclusion from inheritance is unconstitutional — though enforcement and cultural practice do not always align with the law. ## The Customary Law Dimension Many Zimbabwean families, particularly those with assets in rural areas or with marriages conducted under customary law, face a more complicated inheritance landscape. Three types of union are legally recognised in Zimbabwe: civil marriage, registered customary marriage, and unregistered customary law union (UCLU). The type of union significantly affects a surviving spouse's inheritance rights. Where a marriage was conducted under customary law but never formally registered, a surviving spouse may find their rights are less clearly protected under statute, though reforms since 1997 have improved the position. The Administration of Estates Act 1997 (the predecessor provisions now updated by the 2024 Amendment Act) extended protections to widows in customary marriages, including the "immediately resident" concept — a surviving spouse who was residing in the matrimonial home at the time of death has the right to continue residing there and using household property until the estate is formally distributed. The Deceased Persons Family Maintenance Act provides additional protection against property grabbing — the practice of relatives of the deceased seizing property from a surviving spouse and children. The Act makes it a criminal offence to forcibly take property from a surviving spouse, and a widow whose property has been seized can apply for a spoliation order to have it returned. Despite these legal protections, customary practices including wife inheritance — where a widow is expected to be taken in by a male relative of the deceased — continue in some communities, particularly in rural areas. A widow who refuses such arrangements can face social pressure and, historically, expulsion from the family home. The legal remedies exist, but accessing them requires knowledge of the system and often practical support. ## Practical Steps for UK-Based Heirs If you are in the UK and a family member in Zimbabwe has died or you are planning ahead: - **Register the estate promptly.** The estate must be reported to the Master of the High Court. Delays can complicate asset protection, particularly where property grabbing is a risk. - **Appoint a local representative.** A trusted person in Zimbabwe with a properly drafted Power of Attorney can act on your behalf for administrative steps. - **Engage a Zimbabwean lawyer.** Estate administration, particularly where there is immovable property, customary law considerations, or potential disputes, requires Zimbabwean legal advice. The Law Society of Zimbabwe can provide referrals. - **Do not rely on a UK will alone.** If you own Zimbabwean property and have made a will in the UK, consult a Zimbabwean lawyer about whether a separate Zimbabwean will is advisable. - **Understand the tax position.** Zimbabwe does not currently levy a standalone inheritance tax, but capital gains tax can apply when inherited property is later sold. The base cost for CGT purposes is the value assessed at the time of estate administration, not the original purchase price. - **Document your marriage type.** If your family includes customary marriages, ensuring these are registered significantly strengthens inheritance rights for surviving spouses under Zimbabwean law. Inheritance disputes are common and can take years to resolve. Getting the foundational paperwork — wills, title deeds, marriage certificates — in order before death occurs is the single most effective step any family can take.