Death is unavoidable and unpredictable as it can happen anytime, anyhow without preparation. However, when death comes there are certain processes and procedures that are required to be done in terms of the law when a relative or loved one passes away. The Administration of Estates Act [Chapter 6:01] regulates deceased estates amongst other issues. The focus of this article shall be on a death notice and its importance.
Who may obtain a death notice of the deceased?
In terms of Section 5 of the Administration of Estates Act whenever a person dies leaving any property in possession, reversion or leaving a will, the nearest relative or the connection of the deceased who is at or in default of any such near relative or connection or person who at or immediately after the death has the chief charge of the house in or of the place on which the death occurs shall within fourteen days thereafter cause a notice of death to be issued. In simpler terms the surviving spouse, children or any other close relatives may obtain a death notice on behalf of the deceased. The Act also provides for a situation whereby the dececessed does not have relatives, in such a situation although very rare, the death notice can be obtained by the owner of the house or place where the death would have occurred. The relative or responsible person will sign the death notice forms.
After how long should it be obtained?
The law requires the death notice to be issued after fourteen (14) days the death would have occurred and the same applies for the registration of the deceased’s estate.
Where is it obtained and transmitted?
If the death occurs in Harare or the district thereof the death notice shall be delivered and transmitted to the Master or Assistant Master of the High Court. If the death occurs in Bulawayo or any district thereof the death notice shall be delivered and transmitted to the Assistant Master. If it occurs in any other district it shall be transmitted to the Magistrate for that district. If the death notice is delivered or transmitted to the Master or Assistant, it shall be accompanied by a duplicate or fair and true copy and if delivered to the Magistrate it shall be accompanied by two duplicate or fair and true copies.
If the death notice is registered at the Magistrates Court the Magistrate will examine and compare the duplicate to the original to ascertain if there is need for corrections. If satisfied the Magistrate will authenticate the duplicate or copy with his or her signature. The Magistrate will file and register the death notice and transmit the original copy to the Master if the death occurred in Harare and to the Assistant Master if it occurred in Bulawayo.
In terms of the Act failure to comply with the requirements of obtaining a death notice is a punishable offence which attracts a fine and imprisonment not exceeding a month. The Act also requires the responsible person to furnish true and correct information on the death notice and the person who signs the death notice must have been present when the deceased passed away. Section 6 allows the Master to request any further information from the executor of the estates after appointment, in the event that the information recorded in the death notice is defective or insufficient. Failure by the executor to furnish such information upon request by the Master attracts a punishable offence.
Importance of a death notice
A death notice is an important document in administration of deceased process. This is the first step required in registering an estate. The document is also required amongst other documents for the appointed executor of the estate to be issued with Letters of Administration legally authorising the executor to administer the estate. A death notice is also required by the Registrar General’s office when obtaining a death certificate for the deceased.
This article contains information which is for general information purposes only, legal advice must be sought in any aspect of the law.
