Administration of Deceased Estates in Zimbabwe

The administration of all deceased estates takes place in accordance with the provisions of the Administration of Estates Act [Chapter 6:01] which inter alia gives general supervisory powers over the administration of all deceased estates to the Master of the High Court.

The Administration of Estates Act [Chapter 6:01] is the primary source of legislation in Zimbabwe relating to the administration of estates of deceased persons, minors, mentally disordered or defective persons and persons absent from Zimbabwe as well as to provide for the control of moneys belonging to persons whose whereabouts are unknown.

What is a Deceased Estate?

The collection of rights, for instance assets and liabilities of the deceased is termed the ‘deceased estate’. This estate vests originally in the Master of the High Court and subsequently in one or more executors, who are appointed by the Master.

It is important to know that upon death, the assets of the deceased vest in the executor, and not in an heir. In Clarkson NO v Gelb and Others it was held that:

“A deceased estate is an aggregate of assets and liabilities. It has no legal personality and, when referring to it as an entity, one must be careful not to imply or understand thereby that one is dealing with anything like a persona. The executor is vested with its administration and he alone has the power to deal with this totality of rights and obligations. He is not merely a procurator or agent. His duty is to obtain possession of the assets of the deceased, to realise them as far as may be necessary, to make payment of debts and expenses, to frame a liquidation and distribution account and thereafter to effect a distribution to the heirs and legatees.”

Appointment of an Executor

Chirawu, states that, ‘nothing can be accomplished by or on behalf of a deceased estate until an executor or representative has been appointed.’

The estates of all persons dying testate or intestate must be administered and distributed by executors under Letters of Administration granted by the Master of the High Court.

An Executor

An executor holds an office sui generis. The executor’s position may be likened to that of a curator, a trustee of an insolvent estate or an ordinary trustee. An executor occupies a fiduciary position and must act in good faith and observe due care and diligence.

If the will of the deceased duly appoints specified persons as executors the Master grants the letters of administration to such persons, and they are termed ‘executors testamentary’; in default of any appointment of executors by Will the Master, after consulting the heirs, the legatees and the creditors of the deceased, appoints one or more persons as executors and they are termed ‘executors dative.’

Duty of the Executor

In summary the duties of the executor are to liquidate and to distribute the estate; this he does by collecting all the assets, next paying the debts of the deceased, and lastly distributing the balance of the estate assets to the beneficiaries.

The duty of an executor is completed when he has duly liquidated and distributed the estate; thereupon he is entitled to his discharge as executor from the Master.