Recognition of Foreign Letters of Administration in Zimbabwe

A great many people nowadays have assets situated in more than one country, some of which include international bank accounts, immovable property, unit trusts, shares, stocks, debenture and options in other jurisdictions.

Where a non-resident of Zimbabwe dies whether overseas or within Zimbabwe possessed of assets in Zimbabwe, it is necessary to register the estate of the deceased person in Zimbabwe for the purpose of administering that portion of the estate. A foreign executor who wishes to register a foreign deceased estate in Zimbabwe, is required to apply to the Master of the High Court for the issuance of letters of administration.

Section 35 of the Administration of Estates Act [Chapter 6:01] 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.’

The process entails that a foreign executor furnishes the Master of the High Court with a death notice, a copy of a Will (if applicable), an inventory of the deceased assets in Zimbabwe, a bond of security should the Master of the High Court require such security. In addition to the aforesaid, it is necessary for a foreign executor to have a domicile in Zimbabwe, or appoint a local firm of legal practitioners in Zimbabwe to act as his or her agent in Zimbabwe.