Hilary Muza 
IN last week’s article, I discussed the importance of estate planning and the importance of engaging a legal practitioner to navigate all the issues connected with optimizing the administration of one’s assets.
This week, I will expand the conversation by looking at questions that are frequently asked by clients as well as the duties of executors in administering estates.
What happens when someone dies and their will is in the possession of somebody else?
Any person in possession of a will should, upon the death of the testator, deliver the will to the Master of the High Court in Harare or to the Assistant Master in Bulawayo, or to a magistrate for the district they are in at that time.
How is a will registered?
After a will is delivered to the Master, it is then registered in the Master’s records.
Who looks after a deceased estate?
The surviving spouse from a marriage in community of property can take charge of the joint estate until such time as a person lawfully appointed by the Master’s office takes over administration of the joint estate.
The surviving spouse or children or next of kin or person in charge of the property of the deceased who was married out of community of property can take charge of the deceased’s estate and can retain the assets in their custody, until such time as a person lawfully appointed by the Master’s office (executor) demands delivery of the assets of the deceased estate.
Where necessary or expedient the Master may appoint a curator bonis to take custody and charge of any estate until such time as a person is lawfully appointed by way of letters of administration as executor testamentary or as executor dative.
A curator bonis shall be entitled to sell or dispose of perishables belonging to the estate, but this shall require the Master’s specific consent. The appointment as curator bonis can be challenged for review by any person having an interest in the estate and may be confirmed or set aside by the High Court or any judge, who may appoint some other fit and proper person as curator bonis.
How are estate assets distributed in Zimbabwe?
There are three ways to distribute the assets of a deceased person in Zimbabwe. Firstly, the Master of the High court must consider the will of the deceased person. Secondly, if the deceased didn’t leave a will, the Master of the High Court will distribute according to the law. The surviving spouse gets the matrimonial home. The remaining assets are shared between the surviving spouse and the children of the deceased in equal shares. Lastly, If the deceased didn’t have any children and was not married, the wealth is shared between his siblings and parents.
Those who are entitled to benefit as mentioned above may decide to share the inheritance in any other way. The Master must consider that.
Duties of executors Executors are required to:
– Publish in the Government Gazette (and in newspaper circulating in the district where the deceased normally resided) a notice calling upon creditors to lodge claims against the estate within 30 days;
– obtain sworn valuations of the assets in the estate;
– sell any assets which need to be reduced to cash;
– calculate and make allowances for any Estate Duty which might have to be paid; and
– lodge, within six months of appointment, a Liquidation and Distribution Account reflecting all assets and liabilities and the proposed distribution of the assets to the beneficiaries under the will or in terms of the law relating to intestate succession. In complicated estates the Master may allow an extension of this time where circumstances warrant it.
If the beneficiaries feel that the executor is not discharging her/his duties properly they may lodge a complaint who the Master who, if s/he feels the complaint is reasonable and after carrying out an inquiry, may apply to a Judge of the High Court for the executor to be removed and a replacement to be appointed.
It is important to note that it is the Master who makes this application. Oftentimes clients will insist on legal practitioners making this application on their behalf. This is incorrect. It might help for clients to look at it from the standpoint of the estate.
It is the Master who stands as the custodian of deceased estates. It is therefore the Master who, in terms of the law, must bring an application to remove an executor.
Approval of the Liquidation and Distribution Account
Once the Master has approved the account it must be advertised as lying for inspection for twenty-one days at the Master’s Office and the Magistrate’s Court in the district where the deceased was ordinarily resident.
Distribution of assets
If the twenty-one-day inspection period has expired without objection, the executor has a period of two months in which to distribute inheritances to beneficiaries.
What should a beneficiary do?
Once an executor has been appointed s/he holds the deceased’s estate in trust. Any actions that would have been instituted by or against the deceased have to be instituted by or against the executor. The executor must also decide whether to continue any action that was pending at the time of the deceased’s death.
A beneficiary should provide the executor with such information and documents as may be called for to enable the executor to take custody of the estate and to have an accurate inventory of assets and liabilities.
Ultimately, it is pointless to work to accumulate wealth only to have it dissipate into nothing because of a lack of preparedness. I would encourage everyone reading this article to look into their personal affairs and manage their estate not only for themselves but for their progeny.
Muza is a duly admitted lawyer with expertise in business advisory, labour law and commercial litigation. He writes in his personal capacity. For feedback, email him at hilarykmuza@gmail.com or call on +263719042628.
