Whether there is a provision for Joint Wills in Zimbabwe?

Yes. The Wills Act [Chapter 6:06] recognises joint wills in Zimbabwe. A Joint Will is a single testamentary document which is executed by two or more individuals, most commonly spouses. The parties need not be married for them to execute a joint will in Zimbabwe. For the purposes of interpretation, the Wills are treated as individual and separate Wills. see Zvobgo v Madondo N.O. & Others 2006 (2) ZLR 103 (H).

Parties are thus not precluded from executing Joint and Mutual Wills in Zimbabwe. A Mutual will is a Joint Will, but each testator gives a benefit to the other. While both parties are alive, they may revoke his or her share of the Mutual Will with or without communication to the other party. However, after the death of one party the survivor cannot revoke his or her share of the Joint and Mutual Will where both of the following conditions and circumstances occur:

• (a) The Mutual Will effects a ‘massing’; and
• (b) The survivor has accepted some benefits under the Will.

In a typical joint and mutual will, there is generally a clause which provides that the “first dying of us nominates the survivor of us as the Executor of the Estate of the first dying of us.”