What Happens to a Zimbabwean Estate When Someone Dies in the UK: Inheritance, Property, and Dual Jurisdiction

When a Zimbabwean dies in the UK, their estate does not fall neatly under one legal system. Assets and property are governed by the laws of the country where they are located — meaning a UK-based Zimbabwean may leave behind two separate legal processes: one in England and Wales, and one in Zimbabwe. Understanding how these two systems interact is essential for families navigating an already difficult time. **How Jurisdiction Is Determined** For estate purposes, the general rule in international private law is that immovable property — land and buildings — is governed by the law of the country where it is situated. So a house in Harare or Bulawayo falls under Zimbabwean law, regardless of where the deceased was living at the time of death. Movable assets such as bank accounts, shares, and personal belongings are typically governed by the law of the country where the deceased was domiciled — which, for long-term UK residents, is usually England and Wales. This means a family could simultaneously be dealing with UK probate for assets held here, and the Zimbabwean estate administration process for property back home. **The UK Side: Probate and Inheritance Tax** In England and Wales, when someone dies, their estate must go through probate before assets can be distributed. If there is a valid will, the named executor applies for a Grant of Probate. If there is no will, the next of kin applies for Letters of Administration. The estate is then assessed for Inheritance Tax, which in the UK applies at 40% on the value of the estate above the £325,000 nil-rate band (as of 2024). Spouses and civil partners are generally exempt. The process can take months or longer if the estate is complex or disputed. A valid Zimbabwean will may be recognised in the UK if it meets certain formal requirements, but families should not assume this automatically. Legal advice in both jurisdictions is strongly recommended. **The Zimbabwean Side: Administration of Estates Act** In Zimbabwe, estate administration is governed by the Administration of Estates Act. All estates — whether the deceased left a will (testate) or not (intestate) — are administered under the supervision of the Master of the High Court. An Executor or Executrix must be appointed, either as named in the will (testamentary) or appointed by the Master (dative). No one else has legal standing to deal with the estate, sue on its behalf, or be sued in its name. The Master of the High Court oversees the process, which involves the executor taking control of assets, settling debts, and distributing what remains to beneficiaries. The deceased estate itself has no legal capacity in Zimbabwe — only the executor can act on its behalf. Claims against the estate must be brought through the executor. **Customary Law vs General Law: A Critical Distinction** One of the most consequential factors in a Zimbabwean estate is whether the deceased was married under customary law or under the Marriage Act. This distinction determines which body of law governs inheritance of the Zimbabwean estate. Under amendments to the Administration of Estates Act, Part IIIA — which deals with customary estates — applies only where customary law governed the deceased at the time of death. There is a legal presumption that customary law applied to someone married under customary law, and that general law applied to someone married under the Marriage Act or the law of a foreign country, even if they also had a customary union with the same partner. This matters enormously in practice. Widows married under customary law have historically faced significant challenges in claiming property and inheritance, particularly where family members of the deceased have asserted rights over assets. Human Rights Watch documented widespread violations of inheritance rights affecting widows in Zimbabwe as recently as 2017. While Zimbabwean statutory law provides relatively equal inheritance rights for men and women, enforcement remains inconsistent and many women lack formal title to property held during marriage. For Zimbabweans in the UK who were married under customary law in Zimbabwe, the applicable legal framework for Zimbabwean assets may be different from what they expect. Writing a will — valid in both jurisdictions — is one of the most important steps any Zimbabwean in the UK can take. **Double Taxation Considerations** Zimbabwe and the UK have an Estate Duty agreement in place, which can provide relief where tax is due in both countries on the same assets. Families should be aware that both UK Inheritance Tax and Zimbabwean estate duties may apply to certain assets, and professional advice from an accountant or tax lawyer experienced in cross-border estates is advisable to avoid paying more than is legally required. **Practical Steps for Families** If a UK-based Zimbabwean dies with assets in Zimbabwe, the family should: - Obtain the UK death certificate and, if needed, have it apostilled for use in Zimbabwe - Contact a Zimbabwean lawyer to begin estate administration at the Master of the High Court - Identify whether the deceased left a will, and whether it covers both jurisdictions - Establish whether the marriage was under customary law or the Marriage Act, as this affects inheritance rights for the surviving spouse - Check whether any property in Zimbabwe is held in the deceased's sole name, jointly, or through a company or trust — each has different implications - Be aware that estate administration in Zimbabwe can take a year or more, particularly where property needs to be transferred or sold **The Importance of Making a Will** Many Zimbabweans in the UK have not made wills covering their Zimbabwean assets. Dying intestate in both countries creates significant uncertainty, cost, and potential for family conflict. A will drawn up in the UK that explicitly addresses Zimbabwean property — or separate wills for each jurisdiction prepared in coordination — can prevent years of legal complications and protect spouses and children from being excluded under default rules they may not be aware of.