Estate Planning Lawyers in Zimbabwe

The landmark case Chigwada v Chigwada has once again pushed married women—more than anyone else—into a vulnerable position. Marriage in Zimbabwe now faces intense scrutiny as the issue of spousal disinheritance takes centre stage. The Supreme Court has clarified the legal position and resolved the confusion seen in several conflicting High Court decisions discussed below. This article also examines Section 71(2) of the Constitution, which protects the right to own property.

THE JUDICIARY’S STANCE IN REGARD TO TESTAMENTARY DISPOSITION

Before this case, judges approached spousal inheritance inconsistently, issuing decisions that frequently contradicted one another. The Deceased Estates Succession Act, Section 3A, states that a surviving spouse is entitled to:

• The matrimonial home or premises where the couple lived immediately before the deceased’s death; and

• The household goods used in that home,

as long as these form part of the deceased’s estate.

One could easily interpret this to mean that a spouse cannot disinherit their partner. In Chimbari NO v Madzima and Ors (2013), the court indeed held that a spouse could not disinherit the other under Section 5(3)(a) of the Wills Act. However, in Roche v Middleton (2016), the court leaned in favour of freedom of testation, ruling that a spouse could freely dispose of their property as they wished.

The Chigwada ruling finally resolved the conflict. The Court held that real rights trump the personal rights a spouse may claim over property not registered in their name, meaning a spouse may disinherit the other through a valid Will.

EFFECTS OF THE CASE

The case now sets a clear precedent: a spouse may use a valid Will to determine exactly what happens to their property, including disinheriting their partner.

SOLUTIONS

Married people—especially wives—must take active steps to protect their interests in matrimonial property. Since a spouse can legally disinherit the other through a Will, both partners should ensure they jointly own or co-register property to prevent exclusion from inheritance.

Estate planning becomes essential. Spouses must consider their rights, their children’s rights, and the needs of other dependents. Establishing a Family Trust offers strong protection, especially for immovable property. Courts rarely interfere with Trust-held assets, which often remain shielded from legal battles and divorce proceedings.

Couples should also consider drafting joint Wills to prevent unexpected outcomes upon the death of one spouse. Estate planning is not optional—it is vital.

Women, in particular, should take the lead in asserting and registering their property rights so they are not left vulnerable “on the day of reckoning.” When it comes to estate planning, being proactive is always safer than regretting later.

Ask yourself:

• “Have I secured my inheritance?”

• “Do I have a Will?”

• “Have I set up a Family Trust?”

If your answer is “no,” the best time to turn that into a “yes” is right now.

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