Who is entitled to read out a Last Will and Testament in Zimbabwe?

In Zimbabwe, there is no legal requirement under the Wills Act [Chapter 6:06] or any other enactment for the reading out of a Last Will and Testament (Will).

It is rare in Zimbabwe for a Will to be read out. However, this does not mean that same does not occur or has not occurred. The Harare High Court decision in Munyukwi v Estate Late Nduna 2014 (1) ZLR 551 (H) emanated from the reading out of a Will wherein the applicant discovered that they were not a beneficiary and sought a court order nullifying the deceased’s Will.

Ideally an executor or executrix duly appointed and issued with Letters of Administration by the Master of the High Court should read out the Will. A deceased estate in Zimbabwe can only be represented by an executor or executrix duly appointed and issued with letters of administration.

The reading of a Will does not have to be at the offices of a legal practitioner, and the will can be read in much the same way as any other legal document, in any private location and where some parties are outside of Zimbabwe it may be done so online.

Where letters of administration have not been issued appointing an executor or executrix by the Master of the High Court, that office is vacant. Before the granting of Letters of Administration, there is no executor or executrix so to speak. The fact that a testator nominated a specific person in his or her Last Will and Testament to be executor does not automatically clothe the nominee with letters of administration. see Estate Wakapila v Matongo & Others 2008 (2) ZLR 43 (H) 44F-G.

The reading out of a Last Will and Testament by an executor or executrix although not a legal requirement in Zimbabwe may be useful and important to the proper administration of the estate as it ensures that the deceased relatives, know where they stand in respect to the Last Will and Testament.