Inheriting Property and Assets in Zimbabwe from the UK: What Diaspora Families Need to Know

When a relative dies in Zimbabwe and you are based in the UK, navigating the inheritance process requires understanding Zimbabwean law, not British law. Property and assets situated in Zimbabwe are governed by Zimbabwean legislation regardless of where you or the deceased lived. The primary statute is the Administration of Estates Act [Chapter 6:01], first enacted in 1907 and most recently amended by the Administration of Estates Amendment Act No. 3 of 2024. **The Master of the High Court** All deceased estates in Zimbabwe fall under the jurisdiction of the Master of the High Court. The Master oversees the appointment of executors, the valuation of assets, the settlement of debts, and the final distribution of the estate to beneficiaries. Whether the deceased left a will (testate) or died without one (intestate), the Master's office is the starting point for administration. The Master has offices in Harare and Bulawayo. **Dying with a Will (Testate Succession)** If your relative left a valid Zimbabwean will, the person nominated as executor must apply to the Master of the High Court for Letters of Administration. Zimbabwean law, under sections 23, 24, and 25 of the Administration of Estates Act, gives preference to whoever is nominated in the will. The Master will appoint that person unless they have predeceased the testator, declined the appointment, or the nomination is successfully challenged — as confirmed in Munyukwi v Estate Late Nduna & Another 2014 (1) ZLR 551 (H). Zimbabwe also recognises foreign wills. If your relative had a will drawn up in another country, foreign letters of administration or probate documents can be presented to the Master, who can then sign and seal them, giving them full legal effect in Zimbabwe. However, before this happens, a death certificate, a certified copy of the will, and an inventory of all Zimbabwe-based property must be lodged with the Master. The Master will not issue duplicate letters if Zimbabwean letters of administration have already been granted. **Dying Without a Will (Intestate Succession)** If your relative died without a will, the Administration of Estates Act governs how the estate is distributed. Surviving spouses and children are the primary beneficiaries and are legally protected from being disinherited by extended family members. Under Zimbabwean civil law, surviving spouses and children are entitled to inherit from the deceased's estate regardless of customary family pressure. The Legal Resources Foundation Zimbabwe operates a toll-free helpline (08080402) that assists families facing challenges in securing their entitlements. It is important to note that the type of marriage affects inheritance rights. Zimbabwe's Married Persons Property Act states that marriages are not automatically community property arrangements. If a couple did not register a formal community property agreement before marriage, property may have been held solely in the deceased's name, which can complicate a surviving spouse's claim. **Practical Steps for UK-Based Relatives** If you are in the UK and need to act on behalf of an estate in Zimbabwe, there are several steps to take: 1. **Obtain a certified copy of the death certificate** — issued in Zimbabwe by the Registrar General's office. 2. **Locate any existing will** — under section 10 of the Administration of Estates Act, if someone is believed to be withholding a will, the Master can apply to the High Court to compel its delivery. 3. **Appoint a Zimbabwean-based executor or legal representative** — given that you are based in the UK, engaging a reputable Zimbabwean law firm to act as executor or to assist with the administration process is strongly advisable. Firms such as Honey and Blanckenberg and Kanokanga Law Firm have published guidance on this process. 4. **File an inventory of Zimbabwe assets** — the Master requires a full inventory of property situated in Zimbabwe. 5. **Allow for the administration period** — under the Act, estates are generally administered within six months, though the Master can direct a shorter timeline. Creditors are notified through advertisements in the Government Gazette and a Zimbabwean newspaper. **UK Inheritance Tax Considerations** For UK-based beneficiaries receiving assets from Zimbabwe, UK inheritance tax rules are determined by the domicile of the deceased, not the location of the beneficiary. If your relative was tax resident and ordinarily resident in Zimbabwe — and had no significant UK assets or domicile — Zimbabwean law applies to the estate, and the assets are generally not subject to UK inheritance tax. Once funds reach your UK bank account, any interest earned on those funds will be subject to UK income tax rules. If you receive a direct gift from a living relative, that cash becomes yours and no inheritance tax applies at the point of receipt, though the seven-year rule on gifts applies if the donor dies within that period. Note that Zimbabwe does not currently levy a formal inheritance tax, though estates may be subject to estate duties and administration fees payable to the Master's office. **Customary Law Complications** In practice, many diaspora families encounter pressure from extended relatives making customary claims over property. Zimbabwean civil law provides protections, but enforcement can be slow. Widows in particular have historically faced challenges, including property being claimed by in-laws. The formal legal position is clear — surviving spouses and children have priority — but having a local legal representative in Zimbabwe significantly improves outcomes. **Immovable Property (Land and Houses)** For houses, land, and other immovable property situated in Zimbabwe, only Zimbabwean law applies, and the property must be transferred through the Zimbabwe Deeds Registry once administration is complete. This process cannot be done remotely without a legally appointed representative holding a valid power of attorney registered in Zimbabwe.