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Godknows Hofisi
Introduction
When a person dies, his or her assets and liabilities devolve into a deceased estate. The estate is called deceased estate due to the passing on of the testator.
The need to manage deceased estates is real and an everyday requirement.
The administration of deceased estates falls under the office of the Master of the High Court. In this article I look at key laws that apply to the estate administration.
Key laws on estate administration
These key laws include the following:
- Administration of Estates Act (Chapter 6:01).
- Deceased Estates Succession Act (Chapter 6:02).
- Wills Act (Chapter 6:06).
Administration of Estates Act (Chapter 6:01)
This is a very important Act and is central to the administration of deceased estates. The salient provisions of the Act are summarised below.
Part 1 – Preliminary
This includes the short title of the Act and the interpretation of the keywords or terms.
Part II – Master’s office
This covers the key offices at the Master of the High Court i.e. the Master, the Deputy Master, Assistant Master and officers.
Part III – Estates of deceased persons
This part is very crucial and covers sections 5-67.
It deals with aspects such as death notices to the Master, Assistant Master or magistrate. Sections 7-10 deal with wills, i.e. depositing of the will with the Master, transmission of wills, registration of wills and so on.
Sections 12-19 cover inventories i.e. assets that fall into the deceased estate.
The sections specify what is included in inventory, details required of immovable property, etc. Sections 20-22 deal with custody of the estate pending the Letters of Administration by the Master.
Letters of administration
Sections 23-32 cover Letters of Administration. This part deals with the issue of Letters of Administration to the executor confirming the appointment and authority of the executor, revocation of the letters of administration, etc.
Duties of executors
Sections 38-67 deal with the duties of executors. This includes compilation of inventory, valuation of assets, public notices, preparation of administration and distribution accounts, etc.
Part IIIA – Estates of Persons subject to customary law
This part includes sections 68, 68A — 68K. Some of the issues covered include the appointment of executor inheritance of customary articles by the heir, inheritance plan, dispute resolution, etc.
Part IV — Estates of minors and absent persons
Sections 69-85 deal with the administration of the deceased estates of minors and people whose whereabouts are unknown.
Part V – General
This contains general provisions, which apply to estate administration.
Deceased Estates Succession Act (Chapter 6:02)
This is a very short Act. Some of its key provisions include those explained below.
Short title and interpretation as in most Acts. Section 3 addresses the entitlement of the spouse of a deceased person who dies intestate (i.e. without a will).
Section 3A deals with the inheritance of matrimonial house and household effects.
For example, in the absence of a will, the surviving spouse shall be entitled to receive from the free residue of the estate:-
The house or other domestic premises in which spouses or the surviving spouse, as the case may be, lived immediately before the person’s death, and
The household goods and effects which, immediately before the person’s death, were used in relation to the house or domestic premises.
According to section 7 of the Act, no legitimate portion shall be claimable of right by anyone out of the estate of any person.
Wills Act (Chapter 6:06)
This is a very important Act. Where a person dies and leaves behind a valid will (testament) the administration of the deceased estate shall be done in terms of a valid will. This Act has many provisions. I have previously written articles on this Act.
Further articles
Space permitting, I will write mote and specific articles on the administration of deceased estates in order to assist readers.
Conclusion
The administration of deceased estates is an everyday requirement. It is important to have an appreciation of how estates are managed, whether there is a will or not.
Disclaimer
This simplified article is for general information purposes only and does not constitute the writer’s professional advice.
Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons B.Compt (UNISA), CA(Z), ACCA (Business Valuations) MBA(EBS, Heriot-Watt, UK) is the Managing Partner of Hofisi & Partners Commercial Attorneys, chartered accountant, insolvency practitioner, registered tax accountant and advises on deals and transactions. He has extensive experience from industry and commerce and is a former World Bank staffer in the Resource Management Unit. He was recently appointed to sit on the Council of Estate Administrators in Zimbabwe. He writes in his personal capacity. He can be contacted on +263 772 246 900 or [email protected] or [email protected]. Visit www//:hofisilaw.com for more articles.
Charles Duri
Online Reporter