Category: Legal Resources

the essence of estate planning

The Essence of Estate Planning

THE ESSENCE OF ESTATE PLANNING

The write-up below highlights the negative effects of failing to plan your estate and explains the essence of estate planning. When you consider how deeply the estate-administration process can damage a family, it becomes clear that you must invest in proper estate planning.

As seasoned Executors, we have witnessed countless families break apart because spouses, parents, or guardians failed to plan their estates.

When an estate goes into administration, the process can run smoothly—or it can quickly deteriorate into conflict among beneficiaries and family members. In many cases, the administration process creates serious problems, especially when the law steps in to divide the deceased’s assets. Each estate has its own facts, so no blanket approach works. But when someone dies without a Will, the laws of intestate succession apply, and that often triggers family fights and sibling rivalry that can permanently tear families apart.

Administering an estate involves distributing the deceased’s assets according to Zimbabwean law—unless the family reaches a different agreement. The process often leads to several challenges, including:

  • Family feuds, where parents and children stop speaking to each other;

  • Disputes over who should be appointed Executor;

  • High costs, both for administering the estate and for transferring or ceding property;

  • A general lack of understanding of how the estate-administration process works.

Given these risks, you should ask yourself: How do I protect my family from the negative effects of estate administration?

The answer is simple: Visit our office today or book a virtual appointment—and we will guide you through the estate-planning tools best suited to your situation.

This is for general information purposes only!

what you need to know before buying a house or stand

What You Need To Do Before Buying a House in Zimbabwe

Before Buying a House in Zimbabwe: What You Need To Do

Everyone wants to own a house or a residential stand. Unfortunately, many people fall victim to stand developers, real estate agents, or housing cooperatives that sell non-existent properties. These fraudsters exploit buyers’ eagerness to secure a home, and they end up stealing hard-earned money through fraud, double sales, or double allocations. In many cases, buyers walk away with nothing—no property and no title deeds—because the property does not exist or is not registered in the seller’s name.

Before you buy any immovable property (a stand or a house), your first and most important step is due diligence through a deeds search. A deeds search is conducted at the Deeds Registry in Harare or Bulawayo, depending on where the property is located. No one should sign an agreement of sale for immovable property without completing this search. This simple step protects buyers from fraudsters and from becoming victims of double sales.

A deeds search reveals:

  • the deed number and date of registration

  • details of the registered owner

  • the full property description and its extent (area)

  • any outstanding mortgage bonds

  • any caveats or servitudes that restrict transfer

This article provides general information only. Always seek legal advice when dealing with property transactions or any legal matter.

Claiming maintenance from a Deceased's Estate in Zimbabwe

Claiming Maintenance from a Deceased’s Estate

CLAIMING MAINTENANCE FROM A DECEASED ESTATE:

DID YOU KNOW THAT A DEPENDANT CAN CLAIM MAINTENANCE FROM THE ESTATE OF A DECEASED PERSON?

The Deceased Persons Family Maintenance Act [Chapter 6:03] provides that:

3 Application for maintenance
(1) Any dependant of a person who died after 19 January 1979 may, subject to this Act, apply for an award from the net estate of the deceased.

If someone depended on the deceased during their lifetime, they may apply to the Master for maintenance from the deceased’s estate.

Under the Act, a “dependant” includes:

(a) a surviving spouse.
(b) a divorced spouse who, at the time of the deceased’s death, was entitled to maintenance under a court order.
(c) a minor child.
(d) a major child who cannot maintain himself because of a mental or physical disability and who the deceased was maintaining at the time of death.
(e) a parent who the deceased was maintaining at the time of death.
(f) any other person who—
  (i) the deceased was maintaining at the time of death.
  (ii) was entitled to maintenance from the deceased at the time of death.

The Act anticipates a broad range of potential claimants. Anyone who can demonstrate that they were a dependant and financially relied on the deceased must present their claim to the Master of the High Court. The claimant must set out their case properly for the Master to consider it and for them to receive what they are entitled to from the estate.

This is for general information purposes only – seek the advice of a Lawyer