Inheriting Property or Assets in Zimbabwe from the UK: Wills, Customary Law, and What Diaspora Families Must Know

For Zimbabweans in the UK who own property or assets back home, inheritance is rarely the straightforward transfer that families expect. Whether you are the one planning your estate or the beneficiary of a deceased relative's assets, understanding how Zimbabwean law operates — and how it interacts with UK legal processes — can save your family years of dispute, significant legal costs, and the very real risk of losing assets entirely. **The Foundation: Zimbabwe's Administration of Estates Act** Zimbabwean property cannot legally change hands after an owner's death until the estate has been formally registered and an executor appointed under the Administration of Estates Act [Chapter 6:01]. This applies regardless of where the owner died. Dying in the UK does not exempt an estate from this process, and it does not automatically transfer property to a spouse or children — even if that is what the family assumes will happen. The process is administered through the Master of the High Court of Zimbabwe. Until the Master approves the administration and distribution of the estate, no property can be transferred to any heir. Estate duty (a tax on the value of the estate) must also be paid or formally secured before the Master will finalise distribution. **Why a UK Will Alone Is Not Sufficient** Many diaspora Zimbabweans write a will in the UK and assume it covers their Zimbabwean assets. It does not — at least not on its own. A UK grant of probate or letters of administration has no automatic legal force in Zimbabwe. To act on Zimbabwean assets, the foreign executor must formally apply to the Master of the High Court under Section 35 of the Administration of Estates Act, a process known as resealing. Resealing requires the foreign executor to produce the original letters of administration granted in the UK, deposit a copy with the Master, and have those letters signed and sealed by the Master's office. Only once resealed do those letters carry the same legal weight in Zimbabwe as if they had been granted there originally. This means UK-based families dealing with a Zimbabwean estate must engage both a UK solicitor (or probate specialist) and a qualified Zimbabwean attorney simultaneously — and the Zimbabwean process will have its own timeline, fees, and documentation requirements. **Customary Law vs Civil Law: A Critical Distinction** Zimbabwe operates under a dual legal system. Civil (common) law governs estates where the deceased left a valid will, while customary law may apply to estates of Africans who died intestate (without a will) and whose estates fall under the Customary Law and Local Courts Act. In practice, this distinction matters enormously for diaspora families. Under customary law traditions, inheritance has historically favoured male relatives on the paternal side, and surviving spouses — particularly widows — have sometimes found themselves excluded from inheriting the matrimonial home or family assets. Zimbabwe's Deceased Estates Succession Act has introduced important protections, including the right of a surviving spouse and children to inherit the primary home and household goods, but navigating this in practice, especially across borders, can still be contested and complex. The safest legal protection for diaspora families is a properly drafted Zimbabwean will that explicitly governs Zimbabwean assets under civil law. This significantly reduces the risk of customary law claims and makes the executor's role clearer. **Practical Steps for UK-Based Zimbabweans** First, write a Zimbabwe-specific will. A will drafted in Zimbabwe by a registered Zimbabwean attorney, governing your Zimbabwean assets specifically, is far more effective than relying on a UK will to cover everything. Some families maintain two separate wills — one for UK assets and one for Zimbabwean assets — to avoid conflicts between the two legal systems. Second, appoint a trusted local executor. Your executor in Zimbabwe needs to be someone based in Zimbabwe, or at minimum someone willing and able to engage a Zimbabwean attorney to act on their behalf. An executor sitting in the UK, unfamiliar with the Master's office processes, can significantly delay estate administration. Third, keep property documents accessible. Title deeds, vehicle registration papers, share certificates, and bank account details for Zimbabwean assets should be documented and stored somewhere a trusted family member or attorney can access them. Many estates are delayed simply because families cannot locate the paperwork. Fourth, consider a trust for complex or high-value estates. A properly constituted Zimbabwean trust can hold assets and continue operating after the settlor's death without going through the full estate administration process, which can take years. Fifth, do not rely on a power of attorney after death. A power of attorney granted during your lifetime becomes void upon your death. Families who assume a relative holding a power of attorney can continue managing property after the owner dies are mistaken — that authority ends the moment the principal dies. **UK Tax Considerations** For UK-domiciled Zimbabweans, Zimbabwean property is included in the calculation of the UK estate for inheritance tax purposes. The UK inheritance tax threshold (the nil-rate band) stands at £325,000 per individual as of 2025, with a 40% charge on estates above this threshold. Zimbabwean property valued in USD or ZiG must be converted to sterling at the date of death. There is no formal double taxation agreement between the UK and Zimbabwe covering inheritance, so families may find themselves navigating tax obligations in both countries. **Getting Professional Help** Reputable Zimbabwean law firms experienced in estate administration include Kanokanga & Partners, Gill, Godlonton & Gerrans, and Dube, Manikai & Hwacha, among others. In the UK, a solicitor with international probate experience can coordinate with a Zimbabwean counterpart. Attempting to navigate cross-border estate administration without professional guidance on both sides consistently leads to delays, family disputes, and unnecessary costs — far exceeding what proper legal advice would have cost in the first place.