PART 1
Fidelis Munyoro
When a person dies, their property, money, businesses and other belongings do not automatically become the property of their surviving relatives.
The deceased’s estate must first be properly administered in accordance with the law.
In Zimbabwe, this process is governed principally by the Administration of Estates Act [Chapter 6:01], together with other applicable laws of succession.
The person appointed to take responsibility for administering a deceased person’s estate is called an executor. Where no executor has been appointed through a valid will, the Master of the High Court may appoint one or more people to perform this role.
The executor’s main responsibility is to protect the deceased’s property, establish what the deceased owned and owed, settle the estate’s lawful obligations and ensure that the remaining property is distributed to the people legally entitled to inherit it.
How are executors appointed under Zimbabwean law?
There are generally two ways in which an executor may be appointed.
- Appointment through a will
A person may make a valid will during their lifetime and nominate someone to administer their estate after their death.
The nominated person is commonly known as an executor testamentary.
For example, someone may state in their will that they want their spouse, adult child, relative, lawyer or another trusted person to administer their estate.
However, being named in a will does not, by itself, give that person unrestricted authority to take control of the deceased’s estate. The appointment must be dealt with through the Master of the High Court and the necessary legal authority must be issued.
- Appointment by the Master of the High Court
Where a person dies without a valid will appointing an executor, or where the nominated executor is unable or unwilling to perform the job, the Master of the High Court may appoint an executor.
This is provided for under Section 25 of the Administration of Estates Act.
The section provides for a process through which the Master calls upon interested persons, including:
The surviving spouse, if there is one.
The deceased’s next of kin.
Legatees, meaning people who have been left specific gifts in a will.
Creditors, meaning people or institutions to whom the deceased owed money.
These interested persons may be invited to attend before the Master at a specified time.
Where necessary, the Master may also arrange for interested persons to appear before a magistrate to propose suitable candidates for appointment.
After considering the matter, the Master appoints the person or persons considered suitable to administer the estate.
The Master then issues the necessary Letters of Administration.
What are Letters of Administration?
Letters of Administration are official documents issued by the Master of the High Court giving the appointed person legal authority to administer the deceased’s estate.
In simple terms, they are proof that the person has been formally authorised to act as executor.
Without the necessary legal authority, a person cannot simply declare themselves executor and take control of the deceased’s estate.
It is therefore important to distinguish between being a family member, being nominated by relatives and being formally appointed by the Master.
The legal authority comes from the formal appointment, not merely from family agreement.
Who can be appointed as an executor?
The Master does not simply appoint anyone who volunteers for the position. The law requires the appointed person to be suitable and legally qualified to administer the estate.
Under Section 29A of the Administration of Estates Act, a person appointed under Section 25 must generally be either:
A person registered under the Estate Administrators Act [Chapter 27:20]; or
The surviving spouse or next of kin of the deceased.
Where there is competition over who should be appointed executor, Section 26 provides guidance on how the matter should be resolved.
The law gives preference, in the stated order, to the surviving spouse, next of kin, creditors and legatees, subject to the statutory requirements.
Importantly, following amendments introduced in 2024, an appointment of an executor where there is competition must be approved by the High Court through the procedure set out in Section 26.
This means that disputes over who should administer an estate are not necessarily settled simply by a family meeting or by the preference of one relative. The law provides a formal process for resolving such disagreements.
What happens after the executor is appointed?
Once the Master has appointed an executor and issued Letters of Administration, the executor assumes responsibility for administering the estate.
This does not mean that the executor becomes the owner of the deceased’s property.
Instead, the executor becomes the person legally responsible for managing that property until the estate has been properly wound up.
The executor must act in the interests of the estate and the people legally entitled to benefit from it.
The following are some of the main responsibilities.
Duties and responsibilities of an executor
- Preparing an inventory of the deceased’s property
Section 38 of the Administration of Estates Act requires every executor to prepare an inventory of the deceased’s property as soon as Letters of Administration have been granted.
An inventory is simply a detailed list of everything the deceased owned, together with its value. For example, where a deceased person was a businessman, the inventory may include:
Houses, farms, land and commercial properties.
Motor vehicles and other valuable possessions.
Money in bank accounts.
Shares in companies.
Business interests and investments.
Money owed to the deceased by other people or companies.
Other movable and immovable property belonging to the estate.
The inventory must be submitted to the Master of the High Court.
If the executor later discovers additional property that was not included in the original inventory, the executor must prepare an additional inventory and submit it to the Master. This requirement is important because it helps establish the true value and extent of the deceased’s estate.
- Protecting and safeguarding estate property
An executor must take reasonable steps to protect the deceased’s property.
For example, if the deceased owned several properties, the executor must ensure that those properties are properly secured and protected against unlawful occupation, damage or unauthorised disposal.
Where the deceased owned businesses, the executor must take appropriate steps to protect the estate’s interests in those businesses. The executor must also ensure that estate assets are not unlawfully taken, transferred or used for personal benefit.
In simple terms, the executor is a custodian and administrator of the deceased’s property, not its personal owner.
- Identifying and dealing with debts
An executor must establish whether the deceased owed money to other people, companies, or financial institutions.
The executor must also establish whether other people owed money to the deceased. For example:
If the deceased had an outstanding bank loan, that liability must be identified.
If the deceased owed suppliers money, those claims must be considered.
If a company or individual owed the deceased some money, the executor must take appropriate steps to recover it for the estate.
The executor must deal with legitimate claims against the estate before distributing the remaining property to beneficiaries.
This is important because inheritance generally concerns what remains after the lawful obligations of the estate have been dealt with.
- Preparing accounts and reporting to the Master
An executor cannot simply take control of an estate and operate without accountability.
The executor must account for how the estate is being administered.
The Administration of Estates Act requires the executor to prepare and lodge an account of the administration and distribution of the estate with the Master within the prescribed period.
The account must show matters such as:
The assets belonging to the estate.
Money received by the executor.
Debts and expenses paid.
Property sold or otherwise realised.
Assets remaining in the estate.
How the estate is intended to be distributed.
The law also provides for interested persons to inspect the account and raise objections within the prescribed period.
This allows beneficiaries and other interested parties to question transactions or raise concerns about how the estate is being handled.
The Master considers the account and any objections before the administration proceeds to its next stage.
- Distributing the estate to beneficiaries
After the estate’s assets and liabilities have been established and the required legal procedures have been followed, the executor must distribute the remaining property to the rightful beneficiaries.
Who inherits depends on the applicable law. There are two important situations:
Where there is a valid will, the executor must administer and distribute the estate in accordance with the will, provided its provisions are legally valid.
Where there is no valid will, the estate is distributed according to the applicable laws of intestate succession.
The executor does not have the freedom to decide who should inherit simply because that person is a relative, spouse or close associate of the deceased. The executor must follow the law.
Source: Administration of Estates Act (Chapter 6:01)
