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

For Zimbabweans in the UK dealing with the death of a relative back home — or planning ahead for their own estates — understanding how Zimbabwean inheritance law works is essential. The legal landscape is complex, shaped by a dual system of general (civil) law and customary law that can produce very different outcomes depending on how the deceased was married and where their assets were located. **The Administration of Estates Act [Chapter 6:01]** The primary legislation governing deceased estates in Zimbabwe is the Administration of Estates Act [Chapter 6:01], which has been in force since 1907 and significantly amended over the decades. The Act consolidates the law around how estates are reported, administered, and distributed. The Master of the High Court holds central authority over all estate matters — appointing executors, overseeing the settlement of debts, and approving distribution plans before assets can be transferred to beneficiaries. When someone dies in Zimbabwe, their estate must be reported to the Master of the High Court or an Assistant Master (based at provincial magistrates' courts). An executor is then appointed — either named in a will or appointed by the Master when there is none. The executor is responsible for compiling an inventory of assets, advertising for creditors, settling legitimate claims, and drawing up a distribution account before any inheritance is paid out. This process typically takes a minimum of six months but often runs longer in practice. **When the Deceased Was Based in the UK** If a Zimbabwean living in the UK dies with assets in Zimbabwe — property, land, a vehicle, bank accounts, livestock, or business interests — those Zimbabwean assets form a separate estate that must be administered in Zimbabwe regardless of where the person died. Section 35 of the Administration of Estates Act makes specific provision for this through a process called *resealing* of foreign letters of administration. An executor or administrator who has obtained letters of administration in the UK (through the Probate Registry) cannot simply deal with Zimbabwean assets on the strength of UK authority alone. They must apply to the Master of the High Court of Zimbabwe to have those letters formally recognised and sealed. Once the Master signs and seals the foreign letters, they carry the same legal force in Zimbabwe as if they had been issued domestically. The application requires a death certificate, a certified copy of any will, and an inventory of all known Zimbabwean assets. If no UK letters of administration have been obtained — for example, because the Zimbabwean assets are the only estate — a separate application must be made directly to the Master in Zimbabwe. **Intestate Succession: Who Inherits Without a Will?** Where someone dies without a valid will, the rules of intestate succession apply. Which set of rules — general law or customary law — depends critically on the nature of the deceased's marriage. Under Section 68G of the Administration of Estates Act (inserted by the Administration of Estates Amendment Act No. 6 of 1997), it is presumed that: - Customary law applies where the deceased was married under customary law at the time of death. - General law applies where the deceased was married under the Marriage Act [Chapter 5:11] or under the law of a foreign country — even if the couple also had a customary marriage. This second provision is particularly relevant for Zimbabweans who married in the UK. A civil marriage conducted in England or Wales should trigger the application of Zimbabwe's general law of intestate succession, which provides stronger protections for surviving spouses and children. Under general law intestate succession, the distribution hierarchy broadly follows this order: the surviving spouse receives the household goods and the house (if they were resident there), plus a substantial share of the remaining estate; children share the balance; in the absence of a spouse or children, the estate passes to parents, then siblings in equal shares. **Customary Law Complications** Where customary law applies — typically in unregistered customary unions or customary marriages — the rules have historically disadvantaged women. The doctrine of male primogeniture, which gave eldest male heirs priority, was declared unconstitutional by the Supreme Court, though its legacy continues to create disputes in practice. Widows in customary unions have reported ongoing difficulties with property grabbing — the unlawful seizure of a deceased's assets by extended family members — even though such conduct constitutes a criminal offence under Zimbabwean law. The 1997 amendments introduced an inheritance plan mechanism, requiring executors to prioritise the basic needs of dependants — particularly surviving spouses and children — before distributing assets. The *immediately resident* concept gives a surviving spouse a right to occupy the matrimonial home and retain household goods if they were living there at the time of death, providing some baseline protection regardless of the broader estate disputes. The Constitution of Zimbabwe (Amendment No. 20) of 2013 strengthened equality provisions and Zimbabwe has ratified international instruments including CEDAW and the SADC Protocol on Gender and Development, but the gap between legal provision and practical enforcement remains a real concern, particularly in rural areas. **Practical Considerations for the UK Diaspora** Several points are especially relevant for Zimbabweans based in the UK: - **Having a will in both countries is strongly advisable.** A UK will does not automatically govern Zimbabwean assets. A separate Zimbabwean will, drafted with a Zimbabwean lawyer and registered with the Master, can significantly reduce delays and disputes. - **Check how property is titled.** If a parent's name is the only one on the title deed of a Zimbabwean property, children or a UK-based spouse may face difficulties asserting their rights without proper documentation. - **Marriage type matters enormously.** If your relative was married only in a customary ceremony — particularly an unregistered union — the inheritance framework will differ substantially from that applying to a civil marriage. - **Appoint a Zimbabwean attorney early.** Administering an estate across jurisdictions is legally and practically complex. Firms in Harare with estate administration experience can act as local executor or co-executor and liaise with the Master on your behalf. - **Property grabbing is a criminal offence.** If family members attempt to seize or transfer assets without going through the proper estate administration process, this can be reported to both the police and the Master of the High Court. Getting proper legal advice in both Zimbabwe and the UK — ideally before a death occurs — is the most reliable way to ensure that assets are distributed according to the deceased's wishes and that surviving family members receive the protection the law intends.