Online Reporter
Estate planning:
Forewarned is forearmed
Pro Deo[email protected]
CONFLICT after death is one of the cruellest ironies of inheritance. Assets painstakingly built over a lifetime to sustain and uplift families often become the very thing that tears them apart.
I have seen widows and widowers manipulated into signing away property, and I have heard disturbing stories of young lovers — the so-called “Ben Tens” — orchestrating calculated schemes to siphon wealth until intended beneficiaries are left with nothing.
A businessman I once knew left behind a fleet of buses. Today, not one remains. When people are asked what happened, the common response is: “He went away with his wealth.” That explanation defies logic. Wealth does not disappear with the dead. More often than not, the real problem is painfully simple: the absence of proper estate planning.
Estate planning refers to the legal management and distribution of a person’s assets during their lifetime and after death. Without a clear estate plan, the Administration of Estates Act and the rules of intestate succession automatically take effect.
Those laws, however necessary, are blunt instruments. They do not know your children’s names, recognise your second family, or understand your desire to protect a vulnerable spouse. They cannot appreciate personal dynamics, unspoken obligations or family complexities. The result is often delay, litigation, emotional conflict and, in many cases, assets lost through legal costs, fraud or mismanagement.
Many of the losses described above could easily have been avoided had the deceased sought guidance from a legal practitioner to draft a Will and establish a Family Trust.
Wills: Your Voice After Death
A Will remains the cornerstone of effective estate planning. Through a Will, you clearly stipulate who receives which asset, thereby reducing uncertainty and disputes among beneficiaries. You may also appoint a testamentary guardian for minor children, ensuring they are cared for by someone you trust rather than leaving such decisions entirely to the Master of the High Court.
A properly drafted Will can further direct that a family trust be established upon your death to manage and protect assets for beneficiaries who are minors, living with disabilities or lacking financial discipline. In essence, a Will allows your intentions to survive you. It becomes your voice after death.
Living Trusts: Control While You Live
A Living Trust, also known as an inter vivos trust, is created during your lifetime. Through this structure, you transfer assets — such as a house, shares, a vehicle or even a bus fleet — into the trust. The trust deed sets out who the beneficiaries are and who will manage the assets as trustees.
Importantly, the founder may remain both a beneficiary and a trustee. The greatest advantage of a Living Trust is continuity. If the founder becomes incapacitated or passes away, the assets do not automatically form part of the deceased estate requiring lengthy administration procedures. Instead, they continue to be managed in accordance with the founder’s instructions.
This structure offers significant protection against opportunistic claims, reduces family disputes and shields assets from unnecessary delays and administrative complications. It ensures that wealth serves future generations rather than becoming a source of chaos and division.
Too many Zimbabweans mistakenly view Wills and Trusts as instruments reserved for the wealthy. They are not. Anyone with a residential stand, a vehicle, pension benefits, livestock or business interests already has an estate worth protecting. The cost of drafting a proper Will is negligible compared to the emotional and financial cost families endure when disputes arise after death.
Naturally, not every detail relating to Wills and Trusts can be fully explored within the limitations of this article. However, the guiding principle is straightforward: speak to your legal counsel. Only a legal practitioner registered in terms of the Legal Practitioners Act can properly draft and certify these documents to ensure that they are legally valid and enforceable.
Assets should be a source of sustenance, not strife. As the Romans wisely said, “Vigilantibus, non dormientibus, jura subveniunt” — the law assists the vigilant, not those who sleep. Forewarned is forearmed.
