Zimbabwean Wills, Inheritance and Estate Law: What UK-Based Zimbabweans Need to Know When a Relative Dies in Zimbabwe

When a Zimbabwean relative dies — whether in Zimbabwe or abroad — the estate must be administered through Zimbabwe's formal legal system before any property can change hands. For UK-based Zimbabweans, navigating this process from thousands of miles away is one of the most practically and emotionally demanding situations a family can face. Understanding the legal framework in advance makes an enormous difference. ## The Master of the High Court: The Central Authority All deceased estates in Zimbabwe are administered under the Administration of Estates Act [Chapter 6:01]. The Master of the High Court is the central authority overseeing the entire process. Whether there is a will or not, the Master's office must be notified of the death, the estate must be registered, and an executor must be formally appointed before any assets can be distributed. This applies equally whether the deceased lived in Harare or in London. Once a death is registered, a death notice must be filed with the Master, an inventory of the deceased's assets and liabilities must be submitted, and Letters of Administration must be issued to the appointed executor. Only the executor — once formally appointed and issued with Letters of Administration — has legal authority to deal with the estate's assets, debts, and distribution. No family member, however close, can act unilaterally. ## If There Is a Will Where the deceased left a valid Zimbabwean will, the Master of the High Court will generally appoint the person nominated in that will as executor. The Master is required to do so under sections 23, 24, and 25 of the Administration of Estates Act, unless the nominated person has died before the testator, has declined the appointment, or faces a legal challenge to it. For UK-based Zimbabweans who own property in Zimbabwe, a will drafted solely under UK law creates practical complications. A foreign will is not automatically invalid in Zimbabwe, but it must still go through the Master's office registration process for any Zimbabwean immovable property it covers. A will that was never written with Zimbabwean succession law in mind — and that does not address Zimbabwean assets specifically — can create ambiguity that delays administration and increases legal costs. Anyone with property in Zimbabwe is strongly advised to hold a separate Zimbabwean will dealing specifically with Zimbabwean assets, drafted by a qualified Zimbabwean legal practitioner. ## If There Is No Will: Intestate Succession Where someone dies without a valid will, the estate is distributed according to Zimbabwe's intestate succession rules. The applicable rules depend on whether the deceased was subject to customary law or general civil law at the time of death, determined by reference to section 3 of the Customary Law and Local Courts Act. For estates governed by customary law, Part IIIA of the Administration of Estates Act applies. The 1997 amendments to the Act introduced significant protections for widows and minor children, responding to widespread cases of relatives seizing matrimonial property. The net estate is divided among surviving spouses, with section 68F(2)(b) mandating that all surviving wives in a polygamous customary marriage receive a share. ## The Marriage Question: Critical for Diaspora Families One of the most complex issues for UK-based Zimbabweans involves marriage recognition. Zimbabwe recognises three types of marriage for inheritance purposes: civil marriage, registered customary law marriage, and unregistered customary law unions (UCLUs). Section 68(3) of the Administration of Estates Act explicitly provides that a customary law marriage is valid for inheritance purposes even if it was never registered under the Marriages Act. This has direct implications for diaspora families with layered marital histories. Where a person was already in a customary marriage before relocating abroad and subsequently entered a civil marriage in the UK, Zimbabwean courts have held that the civil marriage is treated as customary for inheritance purposes. The result is that both the customary spouse and the civil spouse may be recognised as surviving spouses, each entitled to a share of the estate. This principle has been confirmed in cases including Gwatidzo v Masukusa and Chinho v Chinho. Families with this kind of blended marital history must raise it with a Zimbabwean legal practitioner; assumptions about which marriage takes precedence can be legally wrong and costly. ## Property and Tax Considerations For inherited immovable property, the base cost used to calculate any future capital gains tax liability is the value at which the property was assessed within the deceased estate — not what the deceased originally paid. This matters significantly for UK-based heirs who may later decide whether to sell or retain inherited property in Zimbabwe, as it directly affects the tax calculation at the point of any eventual sale. Executors have formal duties including inventorying all assets, settling debts, and distributing the estate according to the inheritance plan or distribution account, which must be filed with and confirmed by the Master. Beneficiaries have the right to object to an inheritance plan or distribution account under section 68J of the Administration of Estates Act. ## Practical Steps for UK-Based Families When a relative dies in Zimbabwe, the immediate priorities are: ensuring the death is formally registered in Zimbabwe; filing a death notice with the Master of the High Court; identifying whether there is a Zimbabwean will; and engaging a qualified Zimbabwean legal practitioner — not just a UK solicitor — to manage the administration locally. Firms such as Kanokanga & Partners in Harare specialise in estate administration and can act as executor dative where no suitable executor is available in Zimbabwe. For those with assets in Zimbabwe who have not yet made a Zimbabwean will, doing so is one of the most practical steps available. It reduces delays, reduces cost, and — critically — allows the deceased's intentions to be clearly expressed within the legal framework that will actually govern the distribution.