Category: Legal Resources

Registration of an Estate in Zimbabwe

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DID YOU KNOW THAT REGISTRATION OF AN ESTATE IN ZIMBABWE CAN HAPPEN WITHOUT A DEATH CERTIFICATE?

Registration of an Estate in Zimbabwe can happen without the death certificate. The death certificate can be filed at a later stage, as it is not a preliminary requirement for the purposes of registering the estate.

For an estate to be registered there must be two things:

Death
Property (owned by the deceased) – both movable and immovable assets that have an attached monetary value.

The process of registering an estate can be done by ANY interested party, which may include:

1. Spouse
2. Relative
3. Child
4. Creditor

These are people who have an interest in the estate being registered and dissolved.

This information is for general purposes only

The Benefits Of Setting Up A Family Trust in Zimbabwe

Posted by Linda on

SOME OF THE BENEFITS OF SETTING UP A FAMILY TRUST IN ZIMBABWE ARE DETAILED BELOW:

Property held in a Family Trust is shielded from creditors. Creditors cannot attach trust assets to settle the personal debts of the Founder, Trustees, or beneficiaries. Even after the Founder’s death, creditors still cannot claim property registered in the Family Trust.

A Family Trust protects family property because Trustees actively manage the assets for the beneficiaries or children. No child may sell or damage Trust property unless the Trust Deed specifically allows it. Each Family Trust is customised to meet the client’s needs, so there is no one-size-fits-all approach.

A Family Trust also curbs misuse of property or funds, as Trustees control and administer the assets strictly for the beneficiaries’ benefit.

The law recognises a Trust as a separate legal entity. As a result, even if the Founder or Trustees face contractual, criminal, or matrimonial disputes, the Trust’s property remains separate from their personal assets. Only in rare, legally defined circumstances can this separation be disregarded.

A Trust has perpetual succession. It does not “die.” When the Founder or Trustees pass away, become incapacitated, or step down, the Trust continues to operate. It remains active until the Trustees dissolve it according to the Trust Deed.

A Family Trust also offers tax advantages. For example, when the Founder dies, property registered in the Trust does not fall under the Deceased Estates Succession Act, which calculates taxes on the total value of the estate. Trust property stays intact and unaffected.

A Family Trust further helps prevent inheritance disputes among parents, children, and relatives. Because the property belongs to the Trust, it is not redistributed when the Founders die. The assets remain with the Trust as usual.

A Trust also has full contractual capacity. It can enter into binding agreements with individuals or entities in its own name.

With the advantages listed above on these key benefits of setting up a Family Trust, why haven’t you set up yours?

This is for general information purposes only!

Administration of Deceased Estates Full Guide

Posted by nnlaw on with 3 Comments

Administration of Deceased Estates: Full Guide!

The process of administration of deceased estates is known by many to be complex and difficult to understand. Here is a generally simplified article on administration of deceased estates for general information purposes.

The aim and purpose of administering an estate is to finalise the financial affairs of the deceased. To ensure that any assets may be handed over to the heirs or beneficiaries and that there are no further assets or debts due. This role is played by a person called an executor who may be appointed in a will left by the deceased or by the Master of the High Court where there is no will. The executor will be issued with the Letters of Administration legally authorising him or her to administer the estate. The executor’s duty is to ensure that the creditors including all administration fees and duties are satisfied first then award legatees (heirs or beneficiaries mentioned in a will) what is due to them and finally deal with the residuary heirs.

The stages in estates administration may be classified and summarised as follows.

Obtaining appointment as executor (Letters of Administration)
Liquidation of the assets and paying creditors
Preparation of the estates accounts
Finalising and handing over the assets to the heirs

This article is for general information purposes only. Legal advice must be sought in any aspect of the law.