Whether one can appoint Joint Executors or Co-Executors to administer an estate in Zimbabwe

In terms of the law, a deceased estate is represented by an executor or executrix duly appointed and issued with Letters of Administration by the Master of the High Court. A testator or testatrix is empowered by the law to set out in his or her Last Will and Testatment that their estate is to be administered jointly i.e., that there shall be joint executors.

Co – executors or Joint executors are thus, for administrative purposes, the persons in whom the deceased estate vests. They have certain rights and powers in connection with the liquidation and administration of the estate and also certain duties to perform. The office of executor is sui generis. Executors are legally vested with the administration of the estate and have no principle. They represent neither the heirs nor the creditors of the estate. see Goosen v Bosch & The Master 1917 CPD 189.

Where more than one executor is appointed in an estate, the executors are required to act jointly. see Hofmeyr v le Grange & Others 1921 CPD 432. The function of joint executors is to take all such steps as may be necessary to ensure that heirs in the estate to which they are appointed receive what in law is due to them. In order to do this, joint executors of a deceased estate in Zimbabwe are expected to gather all the assets of the estate including but not limited to collection of monies due to the deceased, collection of proceeds of insurance policies and ascertaining liabilities.