Dealing with a Foreign Estate in Zimbabwe?

Some people die with assets in more than one jurisdiction, for instance in Zimbabwe and South Africa. One of the most prominent questions when dealing with foreign estates, is whether a person who has obtained Letters of Administration in a country other Zimbabwe is entitled to deal with the assets of the deceased estate in Zimbabwe and whether such person also has to obtain Letters of Administration in Zimbabwe from the Master of the High Court of Zimbabwe

A notice of resealing is a formal process in commonwealth jurisdictions in terms of which a foreign grant of letters of administration is recognised and sealed by a Probate Registry. In essence, it is a process to ensure that foreign letters of administration are valid and enforceable in another jurisdiction where a deceased person owned property.

A Grant of Probate in Zimbabwe is called Letters of Administration. In Zimbabwe foreign Letters of Administration which in other jurisdictions may be known as Letters of Executor may be resealed by:

• (a) The Executor / Executrix specific in a Will.
• (b) A legal professional who has been officially assigned with the administration of estates in the country where the deceased permanently resided.
• (c) A beneficiary who will be inheriting from the estate in the country where the deceased permanently resided.

Where can a notice of resealing be published?

In Zimbabwe a notice of resealing is generally published in the Government Gazette. The publication in the Zimbabwean Government Gazette serves as an official notice and public record in the country which allows any and all interested parties in Zimbabwe to be informed of the resealing process and the name and contact details of the administrator of the foreign estate in Zimbabwe.

Under what circumstances can one call for notice of resealing in Zimbabwe?

Where a deceased person who was domiciled outside of Zimbabwe and such person possessed assets, movable or immovable assets in Zimbabwe, it is a requirement for the foreign estate of such person to be registered in Zimbabwe to enable the administration of the portion of the Zimbabwean estate. In this regard, a Foreign Executor / Executrix/ Administrator with the authority to administer the estate, is required in terms of section 35 of the Administration of Estates Act [Chapter 6:01] to formally apply to the Master of the High Court of Zimbabwe for the issuance of letters of administration.

What is section 35 of the Administration of Estates Act?

Section 35 of the Administration of Estates Act [Chapter 6:01] is an important provision of the law in Zimbabwe which deals and regulates the issuance of Foreign Letters of Administration in Zimbabwe. It provides as follows:

“Whenever letters of administration granted in any State are produced to, and a copy thereof deposited with, the Master by the person in whose favour such letters of administration have been granted, or his duly authorized agent, such letters may be signed by the Master and sealed with his seal of office, and shall thereupon be of the same effect and have as full operation in Zimbabwe with respect to, and the Master shall have the same control over, the administration of the entire estate of the deceased situate in Zimbabwe as though the said letters had been letters of administration granted by the Master.”

What documents are required to be resealed in Zimbabwe?

The process of resealing in Zimbabwe requires that a Foreign Executor furnishes the Master of the High Court of Zimbabwe with numerous documents, which include a copy of the death notice, a copy of the Will (if applicable), an Inventory of the deceased assets in Zimbabwe and a Bond of Security, should the Master of the High Court require such security. More often than not, it is a common occurrence for a Foreign Executor to appoint a local firm of legal practitioners in Zimbabwe to act as his / her agent in Zimbabwe.

Why is resealing of foreign Letters of Administration important?

Resealing of a Grant of Probate / Letters of Executorship obtained from countries outside of Zimbabwe is important as it permits the Executor / Executrix or Foreign Administrator to legally manage and distribute the deceased’s assets in compliance with the laws of Zimbabwe

Why legal and professional is important when applying for resealing

From the aforesaid, whilst the process of resealing may appear to be a simple exercise, the importance of legal and professional assistance can never be under estimated, so as to navigate jurisdictional differences, documentation and process under the guidance of legal and local expertise.