Estate disputes: How to resolve conflicts over wills and inheritance

RACHEL SITHOLE AND FUNGAI CHIMWAMUROMBE

Estate disputes are a common occurrence following the death of a loved one.

These conflicts often revolve around the validity of a will, questions of rightful inheritance, and the fair distribution of assets.

Given their emotional and legal complexity, estate disputes can be challenging to navigate.

However, understanding the legal framework and available resolution mechanisms can help mitigate these conflicts.

Legal Framework Governing Inheritance in Zimbabwe

The key pieces of legislation governing inheritance in Zimbabwe include the Wills Act [Chapter 6:06], the Administration of Estates Act [Chapter 6:01], and the Deceased Estates Succession Act [Chapter 6:02]. These laws establish the procedures for the administration of estates, the validity of wills, and the distribution of assets.

Under the Wills Act, a will must be in writing and signed by the testator and two witnesses to be legally binding. If a person dies without leaving a valid will, the Deceased Estates Succession Act applies, providing for the distribution of the estate according to a prescribed formula.

Common Causes of Estate Disputes

Estate disputes often arise for several reasons, including:

1. Disputes Over the Validity of a Will: Challenges to the validity of a will are one of the most common causes of estate disputes. Issues such as the testator’s mental capacity at the time of drafting the will, allegations of undue influence, or failure to comply with the formalities set out in the Wills Act can lead to legal challenges. Disputes can also arise if a will is not properly executed or if it is suspected that the will was altered after the testator’s death.
2. Inheritance Rights: Family members may dispute their entitlement to a share of the estate. This can occur when a testator disinherits certain individuals or when individuals believe that the distribution of assets does not reflect their legal or customary rights.
3. Disputes Over Property: The ownership of property, especially land, can be a point of contention, particularly commercial and farming land, where title and ownership can be disputed.
4. Administration of the Estate: The appointment and conduct of an executor can also lead to disputes. If the appointed executor is seen to be negligent, biased, or acting against the best interests of the beneficiaries, this can result in conflict.

Mechanisms for Resolving Estate Disputes

When estate disputes arise, there are several methods available for resolution. These include:

1. Mediation: Mediation is an informal process where an independent mediator facilitates discussions between the disputing parties to help them reach a mutually acceptable solution.  Mediation is often used as a first step in resolving inheritance disputes, as it can be less expensive and quicker than litigation. The Master of the High Court mediates matters between disputing family members when a complaint is lodged during the estate administration process.
2. Negotiation: Similar to mediation, negotiation involves direct discussions between the parties involved, often with the assistance of legal professionals. If both parties are willing to compromise, this can be an effective way to resolve the dispute without resorting to formal legal proceedings.
3. Litigation: If mediation or negotiation fails, litigation becomes the last resort. Court action is a formal legal process in which parties seek a binding decision from the courts. In Zimbabwe, inheritance disputes can be heard in the High Court, which has jurisdiction over matters relating to the administration of estates. The Administration of Estates Act outlines the procedures, and courts have the authority to resolve disputes over the validity of wills, the appointment of executors, and the distribution of assets. However, litigation is often time-consuming and costly, and it can strain family relationships.

Practical Steps to Avoid Estate Disputes

While estate disputes cannot always be avoided, there are practical steps that individuals can take to reduce the likelihood of conflict:

Clear and Well-Documented Wills: It is crucial for individuals to have a clear, comprehensive, and legally valid will. Regularly updating the will, particularly after major life events (such as marriage, divorce, or the birth of children), can help prevent confusion and disputes after death.

Appointment of a Trustworthy Executor: Choosing a responsible and neutral executor is key to ensuring smooth administration. Executors should be fully aware of their duties and the wishes of the deceased to avoid conflicts during the estate administration process.

Communication with Family Members: Open and transparent communication with family members about the distribution of assets can help manage expectations and prevent surprises after the testator’s death. Family members should be made aware of the terms of the will and any specific intentions of the deceased.

Legal Advice: Seeking legal advice when drafting a will or managing an estate can prevent misunderstandings and ensure that the will is in accordance with the law. A legal professional can also help guide families through the estate administration process and advise on resolving disputes.

Individuals should seek professional legal advice when dealing with estate planning and administration to ensure that their wishes are respected and their loved ones avoid unnecessary legal battles after their passing.

Rachel Sithole is a partner at Zenas Legal Practice and can be contacted on rachel@zenaslegalpractice.com and +263 73 590 5092

Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Zenas Legal Practice and can be contacted at fungai@ zenaslegalpractice.com