Inheriting Property and Assets in Zimbabwe from the UK: Wills, Customary Law, and What the Diaspora Need to Know

When a Zimbabwean dies in the UK leaving property back home, or when a UK-based diaspora member stands to inherit Zimbabwean assets, the process is considerably more complex than a standard UK probate. Two legal systems may apply simultaneously, the administration process runs through Zimbabwe's Master of the High Court, and recent legislative changes have reshaped how estates are handled. Understanding the basics before a bereavement occurs can save months of delay and thousands of pounds in avoidable complications. ## The Master of the High Court: The Central Institution All deceased estates in Zimbabwe, regardless of where the deceased lived, are administered through the Master of the High Court. The Master appoints an executor or executrix by issuing Letters of Administration — the document that gives legal authority to manage and distribute the estate. No one can represent a deceased Zimbabwean estate, sell property, access bank accounts, or transfer title deeds without this appointment. Where a valid will exists and names an executor, the Master is required under sections 23, 24, and 25 of the Administration of Estates Act [Chapter 6:01] to give preference to that nominated person. The nomination is only disregarded if the named executor has predeceased the testator, declines the appointment, or has it successfully challenged — as confirmed in Munyukwi v Estate Late Nduna & Another 2014 (1) ZLR 551 (H). This means naming an executor in a Zimbabwean will, or a Zimbabwe-specific will, is one of the most practical steps any property owner can take. The Administration of Estates Amendment Act 2024 represents a significant overhaul of this system. Gazetted on 22 November 2024 and operational from 24 February 2025 under Statutory Instrument 12 of 2025, it introduces modernised procedures aimed at greater transparency and accountability. Anyone currently navigating an estate should verify the current procedural requirements under the amended Act with a Zimbabwean attorney. ## Your UK Will Does Not Automatically Cover Zimbabwe A will drafted in the UK is not automatically invalid for Zimbabwean purposes, but it cannot simply be submitted as-is and relied upon for Zimbabwean immovable property. It must still go through the Master's registration process, and a will written without Zimbabwean succession law in mind frequently creates ambiguity around assets the testator may not have specifically addressed. The safest approach is to hold a separate will drafted by a Zimbabwean attorney to cover Zimbabwean assets, while ensuring both wills do not inadvertently revoke one another — a standard drafting precaution that any competent solicitor on either side should manage. ## Civil Law vs Customary Law: Which Applies? Zimbabwe operates with two parallel succession frameworks, and which one applies depends primarily on the type of marriage and whether a valid will exists. **Testate succession** (dying with a valid will): Where a valid will exists, the Wills Act governs distribution. The will takes precedence over customary considerations in determining who benefits, regardless of the nature of the marriage. **Intestate succession** (dying without a valid will): This is where the distinction between civil and customary law becomes critical. Customary law governs the estates of those in customary marriages and historically applied rules of male primogeniture — meaning the eldest son inherited. Significant legal reforms have dismantled this approach. The rule of male primogeniture has been abandoned, and the Administration of Estates Act has been amended to provide more equitable distribution among surviving spouses and children. Unregistered customary law unions (UCLUs) are now recognised for intestate inheritance purposes, meaning a surviving spouse in such a union may have inheritance rights even without a formally registered marriage. **Women's inheritance rights** have been a particularly contested area. While Zimbabwean civil law provides for broadly equal property rights, customary law historically disadvantaged widows severely, including practices such as property grabbing by in-laws and, in earlier decades, wife inheritance. The formal legal position has improved considerably, but practical enforcement remains uneven, particularly in rural areas. For diaspora families, where assets may span both urban property and rural communal land, this tension can be a real issue. ## Practical Considerations for UK-Based Zimbabweans **If you own property in Zimbabwe:** Draft a Zimbabwe-specific will with an attorney registered in Zimbabwe. Name a trusted executor who is Zimbabwe-based and capable of engaging with the Master's office. Ensure title deeds and other asset documents are accessible and not held solely in the UK. **If you are an heir in Zimbabwe:** You will need to work with the appointed executor or apply to the Master's office if there is no will. A UK-based heir cannot simply sell or transfer a Zimbabwean property remotely without Letters of Administration. A Power of Attorney granted to a trusted Zimbabwe-based representative can assist with the process. **Tax and capital gains:** When an inherited property is eventually sold, the base cost used to calculate any capital gain is the assessed value within the deceased estate — not what the original owner paid for it. This can work in a beneficiary's favour when calculating capital gains tax on a future sale. **Professional support across jurisdictions:** UK-based firms such as Tann Law in Coventry (024 7763 2323) offer cross-border probate services with established links to Zimbabwean estate administrators. Zimbabwean law firms such as Kanokanga & Partners have published guidance on estate administration and are equipped to handle diaspora-related estate matters. ## Key Actions to Take Now - Draft or update a Zimbabwe-specific will if you own property there - Ensure a trusted Zimbabwe-based person is named as executor - Keep certified copies of title deeds and marriage certificates accessible - If inheriting, engage a Zimbabwean attorney early to initiate the Master's process - For contested or complex estates, particularly those involving customary marriages, seek legal advice before taking any steps to manage or sell assets