Inheriting Property and Assets in Zimbabwe from the UK: Wills, Customary Law, Civil Law, and Protecting Your Rights

For Zimbabweans in the UK with family property back home — land, houses, cattle, business assets, or savings — inheritance is one of the most practically significant legal matters they will ever navigate. When a relative dies intestate (without a will), or when a will exists but is challenged, the consequences can be devastating: assets seized by relatives, property sold without consent, or disputes that drag through courts for years. Understanding how Zimbabwean inheritance law works is essential for protecting what your family has built. **Two Legal Systems Operating Simultaneously** Zimbabwe operates under a dual legal framework for inheritance: civil (Roman-Dutch) law and customary law. Which applies depends on the deceased's estate and, critically, whether a valid will exists. Customary law governs the estates of Zimbabweans who die without a will and whose estates are classified as customary estates. Under traditional practice, a deceased man's eldest brother or eldest son (the heir) assumes control of the estate and is expected to provide for surviving family members. In practice, this has historically disadvantaged widows and daughters, who may find themselves with limited or no inheritance rights. The Administration of Estates Act and subsequent legal reforms — particularly following the Magaya v Magaya Supreme Court ruling in 1999, which controversially denied women inheritance rights under customary law — prompted significant advocacy and partial reform. However, the situation remains complex and varies by jurisdiction within Zimbabwe. Civil law applies when the deceased left a valid will, or when the estate is administered formally through the Master of the High Court. Under civil law, the provisions of the Will govern distribution, and surviving spouses and children have far stronger protections. **The Legal and Family Protection Act** The Legal and Family Protection Act (formerly the Deceased Persons Family Maintenance Act) provides some protection for dependants who are not adequately provided for in a will, including surviving spouses and minor children. Courts can order maintenance from the estate regardless of what the will says if dependants would otherwise be left destitute. This is an important backstop for families, but it requires active legal engagement — it does not happen automatically. **Wills: The Single Most Important Step** For diaspora Zimbabweans, having a valid Zimbabwean will for Zimbabwe-based assets is the most effective way to protect your family's rights. A UK will does not automatically apply to Zimbabwean property. Zimbabwe recognises wills made under foreign law in some circumstances, but this can create complications during probate and administration. The safest approach is to have a separate will drafted under Zimbabwean law, executed in Zimbabwe or before a Zimbabwean notary, that specifically addresses your Zimbabwean assets. A valid Zimbabwean will must be in writing, signed by the testator, and witnessed by two competent witnesses who are not beneficiaries. It must be registered with the Master of the High Court in Zimbabwe. Deeds registries and legal professionals in Harare, Bulawayo, and other cities can assist with drafting and registration. **Probate and the Master of the High Court** When someone dies, the estate must be reported to the Master of the High Court (or a Magistrate's Court for smaller estates). An executor is appointed — either named in the will or appointed by the Master. The executor is responsible for identifying assets, settling debts, and distributing the remainder to beneficiaries. From the UK, you can engage a Zimbabwean lawyer (known as a legal practitioner or attorney) to act on your behalf throughout this process. Small estates — historically those under Z$100,000 in value, though monetary thresholds shift with inflation — may be administered more simply through a Magistrate's Court rather than requiring full High Court probate. A Zimbabwean attorney can advise on which process applies. **Practical Steps for UK-Based Zimbabweans** First, identify what assets exist in Zimbabwe and ensure you have documentation: title deeds, bank account details, company registration papers, cattle registration, or proof of ownership of other assets. Second, engage a reputable Zimbabwean legal practitioner — the Law Society of Zimbabwe maintains a register and can provide referrals. Third, if you are an intended beneficiary and a family member has died, act promptly. Delays allow for assets to be dissipated, sold, or occupied by others. Fourth, if you suspect assets are being misappropriated by an executor or relative, apply to the Master of the High Court to have the executor removed or to have an inventory taken. For women and daughters specifically, it is worth knowing that Zimbabwe's Constitution (2013) guarantees equal rights regardless of sex, and challenges to discriminatory customary practices on constitutional grounds have succeeded in some cases. **Cross-Border Complexity** If you are a Zimbabwean citizen resident in the UK and you die with assets in both countries, your estate will need to be administered in both jurisdictions. This requires coordinating between UK probate processes (via the Probate Registry in England and Wales) and Zimbabwean processes. Engaging solicitors with cross-border estate experience in both countries will save significant time and money. Given Zimbabwe's ongoing economic volatility, ensuring your Zimbabwean assets are properly documented and legally titled — not just informally held — is a prerequisite to any inheritance claim being enforceable.