The Custody and Registration of Wills in Zimbabwe

The safe custody of a will prior to the testator’s death is of utmost importance. Considerable uncertainty may arise where a testator’s will cannot be found on his death even if a third party is in possession of a duplicate original or a copy.

It is important that the original will is kept in safe custody and that its whereabouts are known to the executor. Chirawu, states that other places to deposit a will are with a legal practitioner, accountant, bank or a trusted friend.

Deposit of a copy of the Will with the Master of the High Court

In terms of Section 7 of the Administration of Estates Act [Chapter 6:01] any person may deposit with the Master of the High Court or the Assistant Master, either open or enclosed under a sealed cover, any Will, Codicil or Testamentary Instrument executed by the Testator.

Where such document is deposited with the Master or Assistant Master, they shall cause to be kept a register of names and descriptions of the persons depositing with their office every such deed, and the date of which it was so deposited. It is imperative that each deed be accompanied by a duplicate, or fair and true copy thereof, which together with the original, are to be kept under the charge and custody of the Master or Assistant Master, as the case may be, until the death of the maker thereof.

Whether You can Amend copy of Will in Custody of the Master of the High Court

Every deed that is in the charge and custody of the Master or the Assistant Master may be amended. It is only during the lifetime of the testator, that the testator or his lawfully appointed agent, can ask for the delivery of the will and sign a receipt for the same.

Registration of Will with the Master of the High Court Upon Testator’s Death

It is important to note that the registration of a Will must not be confused with the recognition of its validity.

In terms of Section 11 of the Administration of Estates Act [Chapter 6:01]

“Every deed being or purporting to be the will, codicil or other testamentary instrument of any person which has been deposited with or transmitted to the Master or Assistant Master, as the case may be, in manner hereinbefore provided shall, after the death of the maker thereof, be registered by the Master or Assistant Master, as the case may be, in his Register of Wills, for which purpose the Master and the Assistant Master are hereby authorized and required to open or cause to be opened every such deed which may be sealed up.”