Inheriting Property in Zimbabwe from the UK: Intestate Succession, Customary Law, and What Diaspora Must Know

For Zimbabweans in the UK who stand to inherit — or whose families back home may one day inherit from them — Zimbabwe's succession laws present a landscape that is more complex than most people anticipate. The interaction between civil law, customary law, and the practical realities of administering an estate across two countries means that uninformed families frequently face delays, disputes, and loss of assets that could have been avoided. ## Testate vs Intestate: The Fundamental Distinction When a person dies having left a valid will, they die testate, and the estate is distributed according to that will's instructions. When there is no valid will — or when the will does not cover all assets — the person dies intestate, and Zimbabwe's statutory rules determine what happens next. For diaspora Zimbabweans, dying intestate while owning property in Zimbabwe is a common and costly oversight. If you die intestate, the Administration of Estates Act (Chapter 6:01) and the Deceased Estates Succession Act (Chapter 6:02) govern how your Zimbabwean estate is distributed. The Master of the High Court in Zimbabwe must be notified, an executor appointed, and the estate administered through that office regardless of where you died. ## Civil Law vs Customary Law: Which Applies? Zimbabwe's Constitution (2013) recognises both civil and customary law as part of the legal system, and the type of marriage a deceased person contracted determines which inheritance framework governs their estate. **Civil marriages** (registered under the Marriages Act, Chapter 5:11) are governed by civil law intestacy rules. **Customary marriages** — whether formally registered under the Customary Marriages Act or contracted as unregistered customary law unions (UCLUs) — attract customary law succession rules, which are administered under the Customary Law and Local Courts Act. The critical complication arises when a person has both a civil marriage and a customary law marriage. Zimbabwean case law, including *Gwatidzo v Masukusa* (2000) and *Chinho v Chinho*, establishes that where someone already in a customary marriage subsequently enters a civil marriage, both spouses are treated as surviving spouses with equal entitlement to the estate. In such cases, administration falls under customary law. This is a situation that catches many diaspora families entirely off guard. Only registered customary marriages confer full surviving spouse rights under certain provisions. Section 3 of the Customary Marriages Act and the case of *Katiyo v Standard Chartered Zimbabwe Pension Fund* (1994) confirm that an unregistered customary union spouse may have limited standing in some contexts, though this remains an area of legal complexity and ongoing dispute. ## Male Primogeniture: Abolished but Tensions Remain Historically, customary law intestate succession in Zimbabwe applied male primogeniture, meaning the eldest male heir inherited the entire estate. This practice was declared unconstitutional by the Supreme Court of Zimbabwe in the landmark *Magaya v Magaya* case, which cited violations of the constitutional rights to equality and non-discrimination. The 2013 Constitution reinforced this position with strong provisions on gender equality. However, in practice — particularly in rural areas and in families that strongly observe traditional custom — male primogeniture pressures persist. Widows and daughters of deceased diaspora members have in numerous cases found themselves marginalised during estate administration, particularly where there is no will and no legal representative actively protecting their interests. The law is on their side, but enforcement requires engagement with the formal legal system. ## The 'Immediately Resident' Concept: Protection for Surviving Spouses One important protection under Zimbabwe's intestate succession law is the 'immediately resident' concept. A surviving spouse who was living in the matrimonial home at the time of the deceased's death has the right to remain in that property and to the household contents, irrespective of who ultimately inherits the estate. This provision was designed to prevent widows from being evicted immediately after a spouse's death — a common form of property grabbing in extended family disputes. For diaspora families, this matters where a spouse or other family member is resident in Zimbabwe and the deceased lived primarily in the UK. ## Does a UK Will Cover Zimbabwean Property? A will made in the UK is not automatically invalid for Zimbabwean property, but it is not automatically sufficient either. For Zimbabwean immovable property (land and houses), the will must still be registered with and administered through the Master of the High Court in Zimbabwe. If the will was drafted without specific reference to Zimbabwean assets, or without knowledge of Zimbabwean succession law, ambiguities can cause significant delays and disputes. For diaspora Zimbabweans who own property in Zimbabwe, the strongly recommended approach is to have a separate Zimbabwean will drafted by a registered Zimbabwean legal practitioner, specifically addressing Zimbabwean assets, and registered with the Master of the High Court. This sits alongside — and does not replace — a UK will covering UK assets. ## UK Inheritance Tax and Zimbabwean Estates For UK-based Zimbabweans inheriting from parents or relatives who were tax resident and domiciled in Zimbabwe, the general position is that UK inheritance tax applies to the UK estate of the deceased, not to the Zimbabwean estate. A person domiciled in Zimbabwe who dies with assets in Zimbabwe will be subject to Zimbabwean estate duties, not UK inheritance tax, on those assets. However, if a UK-domiciled diaspora Zimbabwean dies with assets in Zimbabwe, those assets may be included in the UK estate for inheritance tax purposes, because UK inheritance tax applies to the worldwide estate of a UK-domiciled individual. Domicile — a technical legal concept separate from residency or citizenship — is the determining factor, and anyone uncertain about their domicile status should take independent legal advice. Money received as inheritance or gift from Zimbabwe and deposited into a UK bank account is not subject to UK income tax. Any interest subsequently earned on those funds in the UK is taxable in the UK. ## Practical Steps for Diaspora - **Make a Zimbabwean will** specifically covering any property or assets in Zimbabwe. Use a registered Zimbabwean legal practitioner. - **Register customary marriages** where applicable to ensure surviving spouses have clear legal standing. - **Appoint a trusted executor** in Zimbabwe who can liaise with the Master of the High Court on your behalf — this can also be done via a registered Zimbabwean legal practitioner. - **Keep records**: Title deeds, marriage certificates, and proof of ownership should be stored securely, with copies accessible to trusted family members or an appointed representative in Zimbabwe. - **Understand which law applies** to your specific circumstances based on your marriage type and the nature of your assets. - **Take UK domicile seriously**: If you intend for your worldwide estate to be treated in a particular way for tax purposes, take advice on your domicile position while alive, not after.