Inheriting Property and Assets in Zimbabwe from the UK: Intestate Succession, Wills, and the Law

When a Zimbabwean dies in the UK or leaves assets in Zimbabwe, navigating the inheritance process requires understanding two distinct legal systems — and sometimes reconciling their conflicts. Zimbabwean inheritance law is governed primarily by the Administration of Estates Act (Chapter 6:01), alongside the Deceased Estates Succession Act (Chapter 6:02) and, for those who died without a will, the Intestate Succession Act (Chapter 6:11). Customary law adds a further layer of complexity, particularly for families with rural land holdings or traditional marriages. **The Master of the High Court** All estates in Zimbabwe — whether the deceased lived in Zimbabwe or abroad — must be reported to the Master of the High Court within 14 days of death if there is immovable property (land, a house) or significant assets involved. For diaspora deaths, this typically means a family member in Zimbabwe files on behalf of the estate. The Master's Office has divisions in Harare and Bulawayo. The process involves submitting a death certificate (which must be an official Zimbabwean certificate or a legalised and apostilled foreign one), an inventory of assets, and details of all beneficiaries and creditors. The Master appoints an executor — either named in a will (executor testamentary) or chosen when there is no will (executor dative). The executor is responsible for winding up the estate, paying debts, and distributing assets to beneficiaries. Professional executors, typically lawyers or registered estate administrators, charge fees regulated by a tariff schedule, generally calculated as a percentage of the gross estate value. **Dying With a Will (Testate Succession)** If a Zimbabwean dies in the UK with a valid will, Zimbabwean assets are still subject to Zimbabwean probate procedures. A UK grant of probate is not automatically recognised in Zimbabwe — a separate process of resealing or local probate confirmation is often required through the Master's Office. The will must meet Zimbabwean legal requirements: it must be in writing, signed by the testator, and witnessed by two competent witnesses who are not beneficiaries. For Zimbabwean diaspora in the UK, it is advisable to hold two separate wills — one for UK assets governed by English law, and one for Zimbabwean assets governed by Zimbabwean law — to avoid jurisdictional confusion and administrative delays. **Dying Without a Will (Intestate Succession)** The Intestate Succession Act provides a hierarchy for distributing assets when no valid will exists. The surviving spouse has the strongest claim under civil law, followed by children, then parents and siblings. Under the Act, a surviving spouse is entitled to the family home and household goods as a primary right, before the remaining estate is divided. Children — including children born outside of marriage — have equal inheritance rights under civil law. However, in practice, customary law claims can override or complicate these statutory rights, particularly for rural or communal land. **Customary Law vs Civil Law: A Persistent Conflict** Communal land in Zimbabwe is not privately owned — it is held under customary tenure administered by rural district councils and traditional leaders. This land cannot be inherited under the Administration of Estates Act in the conventional sense; instead, allocation rights are determined by traditional authorities and customary norms. This means a widow or children recognised under civil law may have no formal claim to a rural homestead, while customary heirs — often the deceased's male relatives — exercise control. This conflict is particularly acute for families with both urban and rural assets. The urban house registered in the Deeds Registry falls under civil law succession; the rural field or homestead may fall under customary law. Courts have increasingly upheld women's and children's rights in contested cases, and the Deceased Persons Family Maintenance Act provides some protections, but enforcement in rural areas remains inconsistent. For diaspora families, these tensions often surface when a UK-based Zimbabwean dies and extended family in Zimbabwe move quickly to claim or occupy rural assets before formal estate administration begins. Engaging a Zimbabwean lawyer promptly after a death is strongly advisable. **Practical Steps for UK-Based Zimbabweans** Draft a Zimbabwe-specific will through a registered Zimbabwean legal practitioner, particularly if you own immovable property. Ensure the will explicitly addresses both civil and customary assets where relevant. Keep a certified copy of the will accessible to a trusted person in Zimbabwe. Legalise all UK documents (death certificates, UK grants of probate) with an apostille stamp through the UK Foreign, Commonwealth and Development Office before submission to Zimbabwean authorities. Appoint a reliable executor familiar with both jurisdictions. Inform family members of your wishes in advance to reduce disputes. The Law Society of Zimbabwe (www.lawsociety.org.zw) maintains a directory of registered legal practitioners. Firms in Harare and Bulawayo with estate administration expertise include Gill, Godlonton and Gerrans, and Scanlen and Holderness, among others, though it is always advisable to verify current firm details directly.