Month: September 2022

ESTATE PLANNING AND GUARDIANSHIP

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Guardianship in its widest sense includes custody and embraces the care and control of the minor’s person as well as the administration of his/her property and business affairs. Guardianship in some instances where the parents are alive can be awarded to third parties, although done with exercising extreme caution. The courts are not quick to deprive natural guardians (mother and father of a minor) of their rights unless it is the best interests of the minor child.

Guardianship involves acting on the child’s behalf, it may entail to sue on behalf of the child, enter into and conclude contracts as well as manage/transact in the property of the child. A guardian must act in the best interests of the child. All decisions and undertakings must be done to the benefit of the minor child, which principles the natural guardians (parents) are expected to be guided by. In the event that both parents have passed away then guardianship may be acquired by making an application in the courts of law, and proving that the child has been orphaned and you intend to become the minor’s guardian as it will be in their best interests.

Parents often overlook the importance of the children’s lives after their death, especially if they are still minors, and leave no provisions or plans of which particular adult will take over the role of being the minors’ guardian. Be a parent that does not gamble with their child’s future – plan ahead and put in place safeguards that ensure that your child/ren are taken care of even after your death. Let your wishes be carried out and not the general thoughts of a family tribunal. Plan accordingly for your child/ren, and elect trustworthy adults who will have your child/ren’s best interests at heart always, and will not plunder their inheritance.

Be wise and prudent when it comes to the affairs of your children, and their inheritance! #MakeAPlan

 This article is published for information purposes only – seek the advice of a Lawyer. 

ESTATE PLANNING AND CUSTODY

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Custody refers to the legal right a person of majority status (usually a parent) has over a child, including the right to have physical control of the child; right to regulate their daily life, right to determine questions relating to their education, social and religious upbringing. The custody of a child becomes a cause for concern and discussion in the instances where the parents separate or file for divorce, or in the unfortunate occurrence of either or both parents’ death. In the event of separation or divorce, parents can always sit down and agree which of them will be the custodian parent of the child/ren, or they could exercise joint-custody. At divorce, this is awarded by the High Court through an order.

In the case of death, families usually sit down and discuss the fate of the child/ren left behind – issues custody come up, and it is decided which relative will “take” the child/ren in and provide for them. These decisions are usually guided by principles of practicality and having to make sure life goes on, and may not always be what is best or what the parents would have desired for the minors.

It is important to think ahead of time and plan according for WHO will have custody of your child/ren when you pass away, WHERE will they stay, WHAT will happen to the assets and wealth you had amassed, and HOW will they have access to it. You are assured to have peace of mind knowing that there is an all-encompassing plan about the custody of your child/ren, should you die whist they are still young. The court can also award custody of the minor child to someone other than the parent of the child if it is in the best interest of the minor child/ren.

The #covid19 pandemic and our experience in this practice prove that planning is important because you will never know when it will be needed the most! Do not leave your children out in the cold and their fate and future in the hands of people who may not have their best interests at heart. #MakeAPlan!

This article is for information purposes only – seek the advice of your Lawyer. 

Change of Name Process in Zimbabwe

Change of Name Process

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Change of name process is a legal act whereby one abandons  their birth certificate name and assume a new one. The law allows a person to change his or her name, in terms of Section 18 of the Birth & Deaths Registration Act. One can legally change his or her first name, middle name, surname or a combination of all these. The law provides for the procedure and requirements for changing a name. A person may change a name due to various reasons which include but not limited to the following:

  • general dislike of the name preferring a new one
  • desire to assume a unique or celebrity name
  • Spiritual or religions reasons
  • Woman assuming her husband’s surname after marriage (though not compulsory)
  • Assuming paternal surname

Change of First or Middle Name

The law permits anyone to change his or her first or middle name. An application is made to the Registrar General for the change of name and the required paperwork is done. If the applicant is a minor their parent or guardian may apply for the change of name on their behalf. If the Registrar General is satisfied with all the documents required and the statutory fees paid, a new birth certificate reflecting the name change will be issued.

Change of Surname or First Name and Surname

This process is done through a Notarial Deed of Change of Name which is then submitted to the Registrar General to process and issue out new identity documents. A person who wishes to change his or her surname or first name and surname must approach a Notary Public who is a Lawyer, however not all lawyers are Notary Public. A Notarial Deed of Change of Name is only prepared by a lawyer who is a Notary Public.

The applicant instructs the Notary Public who then drafts the deed. The applicant and the Notary Public must sign the deed. The proposed name change must be advertised in the Government Gazette and a local newspaper for a period of fourteen (14) days for any objections. This is done as a safeguarding measure against people who change their name for illegal reasons like fraud or misrepresentation.

If there are no objections to the change of name, proof that the Deed has been advertised together with the Notarial Deed of Change of Name is submitted by the Notary Public to the Deeds Office for registration. There are statutory registration fees required by the Deeds Office.

After registration by the Deeds Registrar, the deed, proof of advertisement and birth certificate is then submitted to the office of the Registrar General upon payment of required statutory fees. If the applicant is a minor child, the Notarial Deed of Change of Name is signed by their parent or guardian on their behalf. If the Registrar General is satisfied with the application, a new birth certificate is issued bearing the new name.

For a woman who wishes to adopt her husband’s surname after marriage, the process is done through an application to the Registrar General. After submitting the Marriage Certificate and satisfying all the requirements the Registrar will issue out new identity documents bearing the new surname.