The Different types of Deeds of Trust in Zimbabwe

The concept of trusts is not unique to Zimbabwe. The concept traces its origins to England. Whilst the concept of trusts has rich English roots, trusts in Zimbabwe and other Roman-Dutch law jurisdictions such as Eswatini, Lesotho, Namibia and South Africa did not receive the English trust law in its entirety. Therefore, English trust law only serves as an important source of comparative jurisprudence in the development of our law.

In essence, trusts can be divided into two categories, that is a ‘Testamentary trust’ (mortis causa) which is a trust created in terms of a will, which comes into effect on the death of the testator or testatrix. The other category is known as a ‘Living trust’ (inter vivos trust). This is a trust which is established during the lifetime of its founder.

The concept of trusts continues to evolve internationally, more so in Zimbabwe. Individuals and corporates set up notarial deeds of trusts for a myriad of reasons. Some of the types of trusts that can be registered in Zimbabwe include the following:

1. • Business trusts
2. • Charitable trusts
3. • Community share ownership trusts
4. • Conservation trusts
5. • Debenture trusts
6. • Donation trusts
7. • Education trusts
8. • Employee housing trusts
9. • Employee share ownership trusts
10. • Family trusts
11. • Residents and ratepayers trusts
12. • Unit trusts