The Role of the Executor of a Deceased Estate in Zimbabwe

Whether testate or intestate, an Executor or Executrix, either testamentary or dative must be appointed in accordance with the provisions of the law which prescribes his or her duties and the method of his or her administration and subject to the supervision of the Master of the High Court. see Clarke v Barnacle NO & Others 1958 R&N 358 (SR) 349B – 350A.

An executrix or executor occupies the position of legal representative of a deceased person with all the rights and obligations attaching to that judiciary position. The primary duty of an Executor or Executrix is to finalise as quicky as possible the administration of the state. He has no principal and represents neither the heirs nor the creditors of the estate. He or she, however, should consult the beneficiaries, heirs and legatees in any decision including the administration of the estate.

An Executor or Executrix is legally vested with the administration of the estate. This means that the deceased estate’s assets, liabilities, rights, obligations and powers vest in the executor or executrix, and he or she alone can deal with them. Although an executor or executrix can delegate his or her functions, they cannot abdicate their role. see Nyandoro & Another v Nyandoro & Others 2008 (2) ZLR 219 (H).

In Segal & Another v Segal & Others 1976 (2) SA 531 (C) 535 A - B) it was held that:

“In our law the executor is the person in whom, for administrative purposes, the deceased’s estate vests. It is his function to take all such steps as may be necessary to ensure that the heirs in the estate to which he is appointed receive what in law is due to them. It is an aspect of this function to remove whatever obstacles exist to the achievement of this end. If the actions of an executor in another estate are such as to prevent the receipt by the estate which he administers of assets due to such latter estate, it is he who should take all appropriate steps to remedy the position. If these steps involve the removal of the executor in such other estate it falls within the competence of the executor in the creditor estate, and not of an heir in the estate, to take the necessary action.”