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

When a Zimbabwean person based in the UK dies leaving assets in both countries, their estate does not follow a single, simple legal path. Two separate legal systems become relevant simultaneously — UK law governs assets held in England, Wales, Scotland, or Northern Ireland, while Zimbabwean law governs assets situated in Zimbabwe. Understanding how these systems interact is essential for families navigating what is often an already painful and stressful situation. **The Core Legal Principle: Where Assets Sit Determines Which Law Applies** For cross-border estates involving Zimbabwe (a non-EU country), English private international law applies a straightforward rule. Immovable assets — primarily land and property — are governed by the law of the country where they are located. A house in Harare or Bulawayo will be dealt with under Zimbabwean law, regardless of what a UK will says. Moveable assets — such as bank accounts, investments, and personal belongings — are governed by the law of the country where the deceased was domiciled at the time of death. Domicile is a legal concept distinct from residence or nationality. A Zimbabwean who has lived in the UK for many years but always intended Zimbabwe to be their permanent home may still be considered domiciled in Zimbabwe. This determination has significant consequences, including for inheritance tax liability. If a person is deemed domiciled in the UK at death, HMRC may levy inheritance tax on their worldwide estate — including Zimbabwean property — above the applicable threshold (currently £325,000 for individuals as of 2024). If domiciled in Zimbabwe, only UK-situated assets would typically fall within the UK inheritance tax net. **Zimbabwean Inheritance Law: Statutory vs Customary** In Zimbabwe, two legal frameworks govern inheritance: statutory law and customary law. Statutory law applies primarily in urban areas and is governed by the Wills and Administration of Estates Act and the Intestate Succession Act. Customary law remains prevalent in rural areas and operates differently, sometimes in ways that conflict with the statutory framework. Under statutory law, if the deceased left a valid will, the estate is administered according to its terms. If there is no will — dying intestate — the Intestate Succession Act directs that the surviving spouse and children are the primary beneficiaries. This was a significant reform introduced in 1997, specifically to prevent the older customary practice where the eldest son inherited everything and could effectively remove a widow and her children from the family home. However, enforcement of these rights in practice remains inconsistent, particularly for women. Human Rights Watch documented in a 2017 report that many Zimbabwean widows struggled to assert their legal rights due to difficulties proving marriage registration, cultural pressure from in-laws, and limited access to legal representation. Women married under customary law without formal registration face particular vulnerability, as their entitlement to the estate may be challenged. This is a live concern for diaspora families where the Zimbabwean marriage may not have been formally registered. **Administering the Zimbabwean Portion of the Estate** For assets held in Zimbabwe, the estate must be administered through the Zimbabwean legal system regardless of where the deceased was living. This typically involves applying for letters of administration or probate through a Zimbabwean court or the Master of the High Court in Zimbabwe. A UK grant of probate does not automatically confer authority to deal with Zimbabwean assets, though it may be submitted to the Zimbabwean courts as supporting documentation. Families based in the UK will almost certainly need to instruct a Zimbabwean lawyer to handle this process locally. The UK Foreign, Commonwealth and Development Office (FCDO) maintains a list of English-speaking lawyers in Zimbabwe, which can be a useful starting point. The process can be lengthy, particularly where property title is disputed, where there is no will, or where customary land rights are involved — as customary land cannot be individually owned and cannot be bequeathed in the same way as registered title property. **Registering the Death** If a Zimbabwean person dies in the UK, the death is registered with the relevant UK registrar in the normal way. This UK death certificate can generally be used in the UK for probate purposes. If the deceased also held assets in Zimbabwe, the family will likely need to obtain a certified copy of the UK death certificate and have it apostilled for use in Zimbabwean legal proceedings. Conversely, if a death occurs in Zimbabwe, the death must be registered with the Registrar General's Office in Zimbabwe within a reasonable timeframe. The Registrar General's Office is open Monday to Friday, 8am to 5pm local time, and typically issues a death certificate within one working week. A Zimbabwean death certificate can generally be used in UK probate proceedings. **Writing a Will That Covers Both Countries** The most practical step any Zimbabwean person in the UK can take is to ensure they have valid wills in both jurisdictions. A single UK will may not be sufficient to deal with Zimbabwean property efficiently, and there is a risk that it could inadvertently revoke a Zimbabwean will or vice versa if not carefully drafted. Each will should be limited in scope to the assets in its respective country, and both should include a statement that the other will is not being revoked. Choosing the applicable law explicitly within a will — known as a choice of law election — adds further clarity and reduces the risk of disputes between legal systems. A solicitor experienced in cross-border estates should be instructed to coordinate both documents. **Inheritance Tax and Double Taxation** Where the deceased is domiciled in the UK, HMRC can tax their worldwide estate. Zimbabwe and the UK do have some mutual recognition of estate duties that may provide partial relief against double taxation on the same assets, but families should take specific tax advice early in the process. The interaction of UK inheritance tax with Zimbabwean estate duties is a specialist area and errors can be costly. **Practical Steps for Families** Families dealing with a cross-border estate should gather asset information in both countries as early as possible, including property title documents, bank account details, and any existing wills. Instructing a UK solicitor experienced in international estate administration — alongside a Zimbabwean lawyer — is strongly advisable. Tann Law, based in the Midlands, is one UK firm that explicitly handles probate and estate administration involving Zimbabwe. For those in the UK, the FCDO's guidance on deaths in Zimbabwe provides a useful procedural framework for the Zimbabwean side of proceedings. The process is rarely quick, but with the right legal support in both countries, families can protect what the deceased worked to build across two continents.