Tag: estate planning

Estate Planning Lawyers in Zimbabwe

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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.

The article has been produced for information purposes only – get in touch with us for assistance.

The Essence of Estate Planning

Posted by Linda on

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!

ESTATE PLANNING & ADOPTION

Posted by nnlaw on with 0 Comment

Adoption is the legal process through which the existing legal relationship between a child and his or her parents is terminated and a new legal relationship is created between the adoptive parent(s) and the adopted child. In our African context it is mostly done within family circles and within communities and therefore requires no documentation since after the parents of the child die, someone is chosen from amongst the family (relatives) to take care of the child or people from the community can assimilate such child into their own family. There is however, a formal legal process for adopting children. This involves complete strangers adopting or assimilating a child who is not related to them into their homes.
Adoption provides a child with a Constitutionally entrenched form of care and protection that ensures securing stability in a child’s life. All rights and liabilities existing between the child and their parents are terminated; they take the surname of the adoptive parents in substitution of the current one. Adoption of a child therefore is not done lightly, as its implications are serious and far-reaching.
The nature of adoption should make parents ponder on a few things. As your children grow, are you willing to make room for the possibility that they could be adopted after your death? If so, have you selected prime parents for that? If you have adopted children of your own during your lifetime, what provisions have you put in place to cater for your children ad their futures after you? All your children must be taken care of through your planning, including leaving the options open to have your children legally adopted after your demise.
Think this through as you look into the future. #MakeAPlan!