After someone dies, someone (called the deceased person’s ‘executor’ or ‘administrator’) must deal with their money and property (the deceased person’s ‘estate’). They need to pay the deceased person’s taxes and debts and distribute his or her money and property to the people entitled to it.
They know your rights section is designed to help you have a basic understanding of how to apply for maintenance, protection order or what to do when your husband dies and you need to register the estate. Read and be informed.
Know your inheritance laws in Zimbabwe
- First, you need to know where to register the estate.
- If the deceased was married under the Marriages Act Chapter 5:11, the estate has to be registered at the High Court
- If the deceased was married under the Customary Marriages Act Chapter 5:07 or was in an unregistered customary law union, the estate has to be registered at the Magistrates Court
How to register the deceased estate at Magistrate Court
Step-by-step process
- Be in possession of a death certificate
- Go to the deceased estate office at the Magistrates court to register the estate
- Fill in the required forms and list all the property of the deceased
- You will be informed of the date to attend a meeting before the magistrate to choose an executor
- An executor is a person who is responsible for administering the estate and preparing a distribution list
Who can benefit from the estate?
- Surviving spouse(s) and children
- If there are no surviving spouses and children, the deceased’s parents, brothers and sisters will be the beneficiaries
Administration of an estate under general law
To whom does general law apply?
- Non-Africans
- To people married under the marriages Act Chapter 5:11
- To people who are married under customary law but their way of living indicated a western lifestyle
- The Deceased Estates Succession Act is the applicable law to the administration of estates under general law
How is the property shared under general law?
- The surviving spouse inherits the matrimonial home and all household goods
- The remaining property is divided between the children and the surviving spouse
- If there are no children or surviving spouses, parents, brothers and sisters of the deceased will be the beneficiaries
Administration of an estate under customary law
Which law applies?
Administration of Estates Amendment Act number 6 of 1997
To whom does the customary law apply?
- To people married under the Customary Marriages Act Chapter 5:07
- To people staying together as husband and wife but without a registered marriage
N.B this law applies to estates of people who died after 1997. For those who died before 1994, the estate is administered the customary way and the eldest son inherits everything.
How is the estate distributed under the Administration of Estates Act of 1997?
- If the deceased had one spouse, that spouse inherits the matrimonial home and all the household goods in it
- In addition to the house, the spouse is entitled to half of the remaining property
- The other half is shared among the children of the deceased
What if there is more than one surviving spouse?
- If a man dies and leaves more than one wife, each wife is entitled to the matrimonial home that they stayed in before the death of the husband and all the household goods in it
- All the wives are entitled to a 1/3 of the estate
- They have to share that 1/3 with the first wife getting a larger share
- Of the 1/3, the first wives get 2/3 of the state
- The other wives have to share the remaining 1/3
- The other 2/3 of the estate is given to the children of the deceased
Who can register an estate in Zimbabwe?
The surviving spouse, or if there is no surviving spouse then a family member or any person connected to the estate like creditors can take steps to register the deceased estate. Upon registering, the responsible person will complete a death notice form, as well as an inventory form listing the deceased’s assets.
What is the deceased estate law in Zimbabwe?
Under Customary law, the surviving spouse receives the immovable property in which there were living and one-third of the net estate. In instances where the deceased had more than one wife, one-third of the net- estate is shared between the two wives with two-thirds being shared equally amongst the children.