Online Reporter
Tinayo Kangai
THERE is a subject most of us instinctively avoid: mortality.
We postpone confronting it, lulled by the illusion that there will always be time to set things right.
Yet it is this silent procrastination that so often fuels deep and lasting family conflict.
In Zimbabwe, death ought to usher in a period of mourning, not litigation.
Instead, bereavement is frequently overshadowed by disputes, as relatives contest assets and the true wishes of the deceased are submerged beneath legal battles.
This is not driven solely by greed; rather, it is the predictable consequence of silence — of lives concluded without clear, enforceable instructions.
Why leaving things unsaid speaks loudest
Succession planning is widely neglected, often because it is mistakenly seen as relevant only to the elderly or the wealthy.
In reality, anyone who owns property or is responsible for dependents has a responsibility to determine how their affairs should be settled.
Zimbabwe’s dual legal framework, where statutory and customary law coexist, adds further complexity. Without a will, families must navigate this intricate system unguided, often leading to outcomes that are both inequitable and deeply divisive.
Three principal statutes govern this area.
The Administration of Estates Act regulates the procedural aspects of estate administration but leaves much room for dispute.
The Deceased Estates Succession Act imposes rigid default rules in cases of intestacy, providing structure but little flexibility.
By contrast, the Wills Act allows individuals to override these statutory defaults entirely, empowering them to determine how their estates will be distributed in accordance with their own wishes.
Where customary law prevails, traditional doctrines such as male primogeniture may still govern succession.
Despite growing challenges to their legitimacy, these principles often continue to disadvantage widows and daughters, sometimes with severe personal and economic consequences.
Cautionary precedents: What the courts have revealed is
Court decisions in Zimbabwe provide stark examples of the consequences of failing to plan.
In Nyamakura v Hozheri, a man died intestate, and his eldest son subsequently assumed full ownership of the family property, excluding his siblings.
Decades later, the courts upheld this position, affirming that the heir’s entitlement was absolute.
Similarly, in Magaya v Magaya, the Supreme Court held that a daughter could not inherit her father’s estate under customary law, despite being the firstborn.
Preference was instead given to a younger male relative.
Other cases reinforce a clear legal pattern: the designated heir inherits in his own right, rather than as a custodian for the wider family. The consequences are often profound — widows left vulnerable, children deprived of opportunity and families fractured in ways that persist across generations.
Building safeguards against uncertainty
The law operates on a simple presumption: inaction amounts to acceptance of the outcome.
A carefully drafted will fundamentally changes this reality.
It allows an individual to appoint a trusted executor, determine precisely how assets are distributed and safeguard the interests of spouse and children.
Rather than submitting to rigid statutory formulas, one retains control over the final disposition of one’s estate.
Additional mechanisms can further reinforce this protection.
Trust structures, particularly in cases involving substantial assets or business interests, provide continuity and insulation against both disputes and external claims.
At the same time, beneficiary designations on pensions and insurance policies must be properly aligned with the terms of a will to avoid unintended inconsistencies.
Equally important is open family communication.
When decisions are clearly explained, the scope for suspicion and resentment is greatly reduced. In this context, professional legal advice is indispensable, ensuring that estate plans are legally sound and able to withstand scrutiny.
A final thought
Succession planning goes beyond contemplating death; it represents the final and most consequential exercise of responsibility for what one has built in life.
The disputes exemplified by cases such as Magaya and Nyamakura were not inevitable.
They were the foreseeable result of delay — of the common but costly assumption that there would always be time to act.
Every adult must therefore confront a simple but profound question: Will the legacy I leave unite my family, or divide it?
Within Zimbabwe’s complex legal environment, proactive planning is not just advisable — it is essential. A valid and thoughtful will may be the dividing line between lasting stability and irreparable conflict.
The time to act is now while you still hold the pen.
What will your silence say about you?
* Tinayo Nyika Kangai is a certified Estate Administrator licensed by the Council of Estate Administrators. He is also MD of Nhaka Advisory Services, which also offers Will and Trust Services.
