Dying without a will in Zimbabwe: what actually happens to your estate

The estate does not simply pass to the family

Where a person dies without a valid will, their estate does not devolve according to what the family believes was intended. It devolves according to the law of intestate succession, administered under the supervision of the Master of the High Court. The outcome is often close to what the deceased would have wanted — and sometimes strikingly far from it.

How the process runs

• The death is reported and the estate is registered with the Master of the High Court.
• An edict meeting is held and an executor is appointed, to whom letters of administration are issued.
• The executor advertises the estate, calling on creditors to lodge claims.
• An inventory of assets and liabilities is compiled and lodged.
• A liquidation and distribution account is drawn, advertised for inspection and, if unopposed, confirmed.
• Debts are settled, the residue is distributed, and immovable property is transferred to the heirs.

Why it takes longer without a will

Every step above still has to happen when there is a will. What a will removes is the argument. It nominates the executor, so there is no contest over the appointment. It identifies the beneficiaries, so there is no dispute over shares. It disposes of specific assets, so the family home does not have to be sold merely to divide its value. Estates with a clear will are routinely finalised in a fraction of the time an intestate estate of the same size takes.

The problems that recur

• The matrimonial home. Where heirs cannot agree, the practical answer is often a sale — the outcome almost nobody wanted.
• Customary and civil marriages. The form of marriage materially affects the distribution, and families are frequently mistaken about which applies.
• Minor children. Without provision for guardianship and for how a child’s inheritance is to be held, funds may be tied up in the Guardian’s Fund.
• Business interests. Shares in a family company with no succession provision can paralyse a working business for months.
• Property outside Zimbabwe. Assets abroad may require a separate process in that jurisdiction.

What a sound will should do

Nominate an executor and an alternate. Identify beneficiaries clearly and by full name. Deal with the immovable property specifically. Make provision for minor children, including guardianship and a trust where appropriate. Be signed and witnessed in accordance with the formalities — a will that fails on formalities fails entirely. And be kept somewhere it will actually be found.

Review it when life changes

Marriage, divorce, the birth of a child, the acquisition or sale of property, and the death of a named executor or beneficiary are all reasons to revisit a will. A will drawn fifteen years ago and never looked at again can be worse than none at all.