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

For Zimbabweans living in the UK, the question of what happens to property and assets back home after a death is one of the most practically important — and legally complex — issues the diaspora faces. Zimbabwe operates a dual legal system that recognises both general (civil) law and customary law, and which framework applies to an estate depends largely on the type of marriage the deceased was in. Getting this wrong, or failing to plan ahead, can leave widows and children without legal protection. ## Which Law Applies: Civil or Customary? The first question when a Zimbabwean dies is which legal framework governs the distribution of their estate. The rule is straightforward in principle: - If the deceased was in a **civil marriage** (registered under the Marriage Act), **general law** applies to intestate succession. - If the deceased was in a **customary marriage** or an **unregistered customary law union (UCLU)**, **customary law** applies. Where it becomes complicated is when both types of marriage are involved. Under Zimbabwean law, a customary marriage is potentially polygamous. If someone in a customary marriage later enters a civil marriage, that civil marriage is treated as a customary marriage for inheritance purposes. This means all surviving spouses — from both the civil and customary unions — are recognised and entitled to a share of the estate. Courts have affirmed this position in cases such as *Gwatidzo v Masukusa* and *Chinho v Chinho*. ## The Rights of Widows: Progress and Persistent Gaps Historically, customary law in Zimbabwe strongly favoured male heirs, often leaving widows with nothing — a practice sometimes called "property grabbing" across Sub-Saharan Africa, referring to the eviction and seizure of assets from widows immediately after a husband's death. Significant legal reforms have improved protections since independence in 1980. The **Constitution of Zimbabwe (Amendment No. 20 of 2013)** includes a comprehensive Declaration of Rights that guarantees gender equality and prohibits discrimination. The **Administration of Estates Amendment Act** introduced section 68F(2)(b), which mandates division of the net estate among surviving wives and formally abolished the rule of male primogeniture — the old custom that the eldest male heir inherited everything. One important protection introduced is the **"immediately resident" concept**: a surviving spouse who was living in the matrimonial home at the time of death has the right to the immovable property and household goods in that home. This provides a floor of protection even in customary law situations. The **Legal Resources Foundation Zimbabwe** operates a toll-free legal helpline (08080402) and confirms that surviving spouses and children are entitled to inherit from a deceased's estate, with the law explicitly protecting widows and orphans from disinheritance. Despite these reforms, enforcement remains inconsistent. Customary practices often continue informally, particularly in rural areas, and legal protections are only as effective as the family's willingness — or a widow's financial capacity — to enforce them through the courts. ## Intestate Succession: What Happens Without a Will If a Zimbabwean in the UK dies without a will (intestate), the default rules kick in — and they vary by jurisdiction: **In Zimbabwe**, the Administration of Estates Act governs distribution. The surviving spouse and children are the primary beneficiaries, but the exact shares depend on whether customary or general law applies, and how many surviving spouses there are. **In the UK**, the Rules of Intestacy apply to UK-based assets. Married spouses and civil partners are first in line. Unmarried partners, stepchildren, and financially dependent friends receive nothing by default under UK rules — regardless of how long they lived together or how financially reliant they were on the deceased. For diaspora families straddling both countries, intestacy in either jurisdiction can result in assets being frozen, disputed, or distributed in ways the deceased never intended. ## UK Inheritance Tax and Zimbabwean Estates UK Inheritance Tax (IHT) applies to the **worldwide estate** of UK-domiciled individuals. If the deceased was tax-resident and ordinarily resident in Zimbabwe, Zimbabwean tax law governs their Zimbabwean assets. However, if a Zimbabwean has lived in the UK for many years and acquired UK domicile, their Zimbabwean property could fall within the scope of UK IHT. The threshold (as of 2025) is £325,000, above which the standard rate of 40% applies. Legal advice from a UK solicitor with cross-border estate experience is essential in these situations. ## Practical Steps for the Diaspora **Write a will in both countries.** A single UK will does not automatically cover Zimbabwean assets. Zimbabwean wills should be lodged with the Master of the High Court for registration and safekeeping. This also provides documented evidence of the deceased's intentions when heirs abroad are trying to claim assets. **Be explicit about asset locations.** Your will should clearly identify specific assets — property addresses, bank account details, life insurance policies — and state where they are held. **Appoint executors in both jurisdictions.** Executors based in Zimbabwe can navigate the local probate process while executors in the UK handle the estate here. **Consider a family trust.** For larger estates or where property is held across multiple generations, a trust structure can provide long-term protection and avoid repeated probate processes. **Update your documents regularly.** Changes in assets, family circumstances (remarriage, additional children), or Zimbabwean law should trigger a review of your estate plan. **Widows facing property disputes in Zimbabwe** should contact the Legal Resources Foundation Zimbabwe (toll-free: 08080402) or engage a Zimbabwean legal practitioner to enforce their rights under the Administration of Estates Act. The law has moved significantly in the right direction for widows and surviving spouses in Zimbabwe. But legal rights only translate into real protection when people plan ahead and know how to enforce them.