Why Every Zimbabwean Needs a Will
A will (also called a last will and testament) is a legal document that directs how your assets should be distributed after your death. In Zimbabwe, most people die without a will — leaving their families to navigate complex legal processes, potential disputes, and a distribution of assets that may not reflect the deceased’s wishes.
Writing a will is not just for the wealthy. If you own a house, have savings, run a business, or have children, a will ensures your assets go to the people you choose, in the proportions you decide, managed by an executor you trust.
Legal Requirements for a Valid Will in Zimbabwe
Under the Wills Act (Chapter 6:06), a will must meet these requirements to be legally valid:
- Written form — The will must be in writing (typed or handwritten)
- Signed by the testator — You must sign at the end of the will. If you cannot sign, you may make a mark or have someone sign on your behalf in your presence and by your direction
- Two witnesses — At least two competent witnesses must be present at the same time and witness your signature. They must then sign the will themselves
- Capacity — You must be at least 16 years old and of sound mind
- Free will — You must be acting voluntarily, without undue influence or coercion
What to Include in Your Will
- Personal details — Full name, ID number, date of birth, and address
- Revocation clause — Statement revoking all previous wills
- Executor appointment — Who will administer your estate (and an alternate executor)
- Guardian appointment — Who will care for your minor children
- Asset distribution — Specific bequests (e.g., “my house to my wife”) and residuary estate (everything else)
- Funeral wishes — Your preferences for burial or cremation
- Trust provisions — If leaving assets to minors, set up a testamentary trust with a trustee
- Substitution clause — Alternative beneficiaries if the primary beneficiary predeceases you
Dying Without a Will — Intestate Succession
If you die without a valid will in Zimbabwe, the Deceased Estates Succession Act (Chapter 6:02) determines how your estate is distributed. The rules depend on your type of marriage:
| Marriage Type | Distribution Rules |
|---|---|
| Civil marriage (Marriages Act) | Surviving spouse inherits the matrimonial home (or right of residence) plus a share of the remaining estate. Children share the balance equally. |
| Customary marriage (Customary Marriages Act) | Estate distributed according to customary law of the relevant community. Typically the eldest son inherits the bulk of the estate. |
| Unregistered customary union | More complex — surviving partner may need to prove the relationship existed. Children from the union do inherit. |
| No spouse or children | Parents inherit. If no parents, siblings. If no siblings, extended family according to the order of succession. |
Choosing an Executor
Your executor is the person responsible for administering your estate after your death. Choose carefully:
- Trustworthy and capable — They will handle your finances and deal with banks, ZIMRA, and beneficiaries
- Available — If they live abroad, consider appointing someone local as well
- Willing — Always ask someone before naming them as executor
- Professional option — You can appoint a law firm, bank trust department, or professional executor
The executor must report to the Master of the High Court, prepare an estate account, pay debts and taxes, and distribute the remaining assets to beneficiaries.
Estate Administration Process in Zimbabwe
- Report the death — Report to the Master of the High Court within 14 days
- File the will — Submit the original will to the Master
- Letters of Executorship — The Master issues Letters of Executorship to the appointed executor
- Advertise for creditors — The executor publishes notices in the Government Gazette and a newspaper
- Prepare the estate account — List all assets and liabilities
- Pay debts and taxes — Including any income tax owed by the deceased
- Distribute to beneficiaries — Transfer assets as directed by the will
- File final account — Submit the Liquidation and Distribution Account to the Master
Revoking or Changing a Will
You can change your will at any time during your lifetime:
- Codicil — A formal amendment that adds to or modifies the existing will. Must be signed and witnessed like the original will.
- New will — Execute an entirely new will with a clause revoking all previous wills. This is usually cleaner than multiple codicils.
- Destruction — Physically destroying the will with the intention to revoke it.
Costs
| Service | Estimated Cost (USD) |
|---|---|
| Simple will (single person) | $50 – $150 |
| Joint/mirror wills (married couple) | $100 – $250 |
| Complex will (trusts, multiple properties) | $200 – $500 |
| Codicil (amendment) | $50 – $100 |
| Deposit with Master of High Court | Free |
Get Your Will Drafted Today
Do not leave your family’s future to chance. Get a professionally drafted will that complies with Zimbabwe’s Wills Act. Fast, affordable, and legally sound.
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