Estate planning and marital property laws in Zimbabwe: A guide for couples

NAMATIRAI RUZVIDZO

Rungano and Mike, were a couple deeply in love, both  having remarried after their first marriages failed.

Together, they blended their lives, raising five children from  previous marriages. Over the course of 15 years together, they added three more children to their family.

They built a successful business, owned a beautiful home and shared a strong bond.

Despite their success and happiness, Rungano and Mike never prioritized estate planning.

They never created a Will, established trusts or even discussed what would happen to their business and assets in the event of one of their deaths.

Tragedy struck  when Mike was diagnosed with a terminal illness. He passed away just a few weeks later, leaving Rungano and their children in shock and grief. As Rungano began to sort through Mike’s belongings, she realized that Mike had left behind a complex and uncertain legacy.

The lack of planning and communication about their estate would lead to a long and difficult journey for Rungano, as she navigated the complexities of marital property laws and the estate winding up process.

As a couple, planning for the future can be a daunting task.

One important aspect of planning is understanding how estate planning and marital property laws intersect.

In this article, we explore the key concepts and considerations that couples in Zimbabwe should be aware of when navigating the intersection of estate planning and marital property laws.

Understanding marital property laws in Zimbabwe

In Zimbabwe, marital property laws are governed by the following acts:

1. Marriages Act [Chapter 5:17]: This act governs the institution of marriage in Zimbabwe, including the rights and duties of spouses.
2. Matrimonial Causes Act [Chapter 5:13]: This act deals with the dissolution of marriages, including divorce, nullity, and separation. It also covers the division of matrimonial property.
3. Administration of Estates Act [Chapter 6:01]: This act governs the administration of deceased estates in Zimbabwe, including the distribution of property and assets.
4. Deceased Estates Succession Act [Chapter 6:02]: This act provides for the distribution of property and assets.
5. Wills Act [Chapter 6:06]: This act governs the making, alteration, and revocation of wills in Zimbabwe

Marriage regime in Zimbabwe

1. Civil Marriage

This is a monogamous marriage. Once married under this regime, one cannot contract into any other marriage except the civil partnership. This type of marriage requires two consenting adults over the age of eighteen.

1. Registered Customary law union

This is a potentially polygamous marriage [one man, potentially many wives]. This requires payment of lobola and registration. The man herein can marry other women only under customary law.

1. Unregistered Customary law union

This is a potentially polygamous marriage and it is characterised by payment of lobola. This type of marriage should be registered within 3 [three] months but there is no sanction for failure to do so. It is solemnized by a Chief within their area of jurisdiction.

1. Qualified Civil marriage

This is a civil marriage which is polygamous or potentially polygamous. This type of marriage is solemnised by the Minister of religion for Islamic rites.

1. Civil Partnership 

This is a relationship between a man and a woman who are both over the age of eighteen years; and have lived together without legally being married to each other. They should have a relationship as a couple living together on a genuine domestic basis.

Estate planning basics

Estate planning involves creating a plan for the distribution of an individual’s assets after their death. This can include creating a will, establishing trusts, and designating beneficiaries for life insurance policies and retirement accounts. In Zimbabwe, the Estate Administrators Act [Chapter 6:01] governs the administration of estates. This law dictates how estates are administered, including the appointment of executors and the distribution of assets.

The Intersection of Estate planning and marital property laws in Zimbabwe

In Zimbabwe, the distribution of matrimonial property upon the death of a spouse is governed by the Matrimonial Causes Act [Chapter 5:13] and the Administration of Estates Act [Chapter 6:01]. Below is a general overview of how matrimonial property is distributed:

1. Intestate succession: If the deceased spouse dies without a valid will, the matrimonial property is distributed according to the laws of intestate succession. The surviving spouse is entitled to a child’s share of the estate, which is typically one-third of the estate.
2. Testate succession: If the deceased spouse dies with a valid will, the matrimonial property is distributed according to the terms of the will. However, the surviving spouse may still be entitled to a share of the estate, depending on the circumstances.
3. Matrimonial home: The matrimonial home is usually awarded to the surviving spouse, especially if there are minor children involved.
4. Other assets: Other assets, such as vehicles, furniture, and investments, are typically divided between the surviving spouse and the deceased spouse’s estate.
5. Debts and liabilities: The deceased spouse’s debts and liabilities are paid out of their estate before the remaining assets are distributed.
6. Maintenance: The surviving spouse may be entitled to maintenance from the deceased spouse’s estate, especially if they are unable to support themselves.

Key considerations for couples in Zimbabwe

When it comes to estate planning and marital property laws in Zimbabwe, there are several key considerations that couples should keep in mind:

1. Communicate with your spouse: It is essential to communicate with one’s spouse about estate planning goals and wishes.
2. Understand marital property rights: Couples should familiarize themselves with marital property rights under the Zimbabwean law.
3. Update estate planning documents: If one gets married, divorced, or experience other significant life changes, they should update their estate planning documents to reflect these changes.
4. Consider creating a joint Will: Couples should consider creating a joint will to ensure that estate planning goals are aligned.

Conclusion

The intersection of estate planning and marital property laws in Zimbabwe can be complex and nuanced. By understanding the key concepts and considerations outlined in this article, couples in Zimbabwe can take steps to ensure that their estate planning goals are met and that their wishes are carried out after their death. Remember to communicate with your spouse, understand your marital property rights, update your estate planning documents, consider creating a joint will, and seek professional advice to ensure that your estate planning is effective and valid under Zimbabwean law.

Namatirai Ruzvidzo is a registered Legal Practitioner, Conveyancer and Notary Public with the law firm, Ruzvidzo Legal Counsel. She can be reached on +263 784 228 534 or email namaruzvidzo@gmail.com, copying hello@rlcounsel.co.zw