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Do you need a lawyer to register a Family Trust in Zimbabwe?

Yes. In order to register a Family Trust in Zimbabwe one has to engage the services of a lawyer. It must however be noted that Family Trusts in Zimbabwe are not drafted by any ordinary lawyer. The registration of a Family Trust in Zimbabwe may only be carried out by a lawyer known as a Notary Public.

A Notary Public is a legal practitioner who is registered with the High Court of Zimbabwe and has undertaken and passed a special examination on notarial practice. He or she is regarded as an impartial witness to the signing of important documents. One of the functions of a Notary Public is to draft a Notarial Deed of Trust i.e., Family Trust which generally sets out the following:

• The name of the Family Trust

• The Founder of the Family Trust

• The Trustees of the Family Trust, their dates of births, identity numbers and physical addresses

• The Beneficiaries of the Family Trust

• The purpose / objectives of the Family Trust

• The roles and responsibilities of the Trustees

• The roles and responsibilities of the Beneficiaries

• Instructions on how the Family Trust will be managed and administered.