Making a Will in the UK That Covers Assets in Zimbabwe: Cross-Border Inheritance and Customary Law

For Zimbabweans in the UK diaspora who own property, bank accounts, or other assets in both countries, failing to make a properly structured will can leave families exposed to prolonged legal disputes, property grabbing, and outcomes that bear no resemblance to what the deceased intended. Cross-border estates require deliberate planning — a UK will alone is rarely sufficient. ## Why a UK Will Is Not Enough A will drafted in England or Wales governs assets under English law. However, immovable property — land and houses — is generally governed by the laws of the country where it is physically located. This means that a house in Harare, a plot in Bulawayo, or communal land in Mashonaland will be administered under Zimbabwean law, regardless of what your UK will says. If you die without a valid Zimbabwean will covering those assets, they fall into intestacy under Zimbabwean law, which opens the door to family disputes, delays, and in some cases, outcomes driven by customary practice rather than your expressed wishes. The practical solution for many diaspora Zimbabweans is to hold two wills: one for UK assets, governed by English law, and a separate Zimbabwean will for assets in Zimbabwe, drafted in accordance with Zimbabwean succession law. The two documents must be carefully coordinated so they do not contradict each other or inadvertently revoke one another. A Zimbabwean solicitor or registered legal practitioner should draft the Zimbabwean will. ## Zimbabwean Succession Law: The Framework Zimbabwe's inheritance framework is governed primarily by the Administration of Estates Act and the Deceased Estates Succession Act [Chapter 6:02]. Where someone dies with a valid will (testate succession), the will is the primary instrument. Where they die without one (intestate), the estate is distributed according to the Act, which since 1997 has placed the surviving spouse and children as primary beneficiaries — a significant reform from the older system where male primogeniture meant the eldest son typically inherited everything. The landmark Magaya v Magaya case saw the Supreme Court declare male primogeniture unconstitutional, and the Constitution of Zimbabwe Amendment (No. 20) of 2013 further entrenched non-discrimination and gender equality principles. Under the 2013 Constitution, any custom or practice inconsistent with these rights is invalid to the extent of the inconsistency. However, a gap remains in practice. The Constitution technically prohibits gender discrimination, yet historically allowed exceptions where customary law applied. Women in unregistered customary law unions remain particularly vulnerable, as without a marriage certificate they may struggle to prove entitlement to the estate. ## Customary Law Complications Customary marriages in Zimbabwe should be registered under the Customary Marriages Act of 1997, but many are not. If a woman does not hold a marriage certificate or lobola agreement, establishing her legal status as a surviving spouse in probate proceedings becomes significantly harder. Human Rights Watch research found that property grabbing by in-laws — seizing household goods, livestock, and access to land — remains a documented problem, particularly for women in rural areas. The Deceased Persons Family Maintenance Act provides a partial remedy: it grants a surviving spouse the right to continue occupying the matrimonial home and using shared property until the estate is formally distributed. Violations of this Act are a criminal offence, and a widow can apply for a spoliation order to have property returned. However, enforcing these rights from the UK is practically difficult without legal representation in Zimbabwe. For diaspora members who hold assets on communal land, additional complexity arises. Communal land is vested in the state and administered through traditional leadership structures — it cannot legally be bequeathed in a will in the same way freehold property can. Any directive you include about communal land in your will may not be legally enforceable. ## UK Inheritance Tax and Zimbabwean Assets If you are domiciled in the UK for tax purposes, HM Revenue & Customs treats your worldwide estate as potentially liable to UK inheritance tax above the nil-rate band (£325,000 as of 2024, with additional allowances in some circumstances). This includes Zimbabwean bank balances, property, and other assets. Zimbabwe does not currently levy an equivalent inheritance or estate tax, but estates must still be formally administered through Zimbabwean probate before assets can be transferred. If your parents remain domiciled in Zimbabwe and you are UK-based, their Zimbabwean estate is generally subject to Zimbabwean law and not UK inheritance tax — though assets transferred to you as a UK resident may have UK tax implications depending on the nature and timing of the transfer. ## Practical Steps to Protect Your Estate Start by making an inventory of all assets in both countries: property titles, bank accounts, investments, vehicles, and business interests. For each asset, note whether it is held in your sole name, jointly, or through a company or trust. Engage a Zimbabwean legal practitioner to draft a will that specifically addresses Zimbabwean assets. Ensure this will is registered with the Master of the High Court in Zimbabwe. Appoint a trusted executor in Zimbabwe — someone physically present in the country who can navigate the Master's Office process, which can be slow. For your UK will, instruct a solicitor experienced in cross-border estates. Explicitly state in the UK will that it does not revoke the Zimbabwean will, and vice versa. Include a clause limiting each will to assets in its respective jurisdiction. If you are in a customary marriage or have a partner who is not formally recognised under Zimbabwean civil law, take legal advice on how to protect them specifically — a carefully drafted Zimbabwean will with explicit bequests is far more protective than relying on intestacy. Finally, inform your next of kin where both wills are held, who the executors are, and where title deeds and other key documents are stored. Many estates are delayed not because of legal disputes but because surviving family members simply cannot locate the paperwork.