TAPIWA MUJAJI
Many do not register or realize the importance of registering a deceased estate to the extent that an amendment to the Administration of Estates Act of 2001 has criminalized the conduct for failure to register the estate.
One of the drawbacks of non-registration is that a beneficiary cannot use a deceased’s property as such property still forms part of the deceased’s estate.
In other words, when one dies all the assets and liabilities of the deceased belong to the estate.
Did you know?
As stated, earlier failure to register an estate within a stipulated period is an offence. Section 5 3(a) of the Administration of Estates Act [Chapter 6:01] (hereinafter referred to as ‘the Act’) states that, Any person who, without just cause, fails to comply with subsection (1) to (3) shall be guilty of an offence and liable to a fine not exceeding level one or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment.
Who should register the Estate?
A family member, friend, or other person with a connection to the estate, such as creditors, may take the necessary measures to register the decedent’s estate if there is no surviving spouse. A death notice form and an inventory form outlining the decedent’s assets are both completed by the responsible party during registration.
A deceased’s estate must be registered with the Master of the High Court Harare, Bulawayo or district Magistrate within 14 days of a person’s passing. Section 5 of the Act states;
Death notices to Master, Assistant Master or magistrate
(1) Whenever any person dies leaving any property in possession, reversion or expectancy or leaving a will, the nearest relative or connection of the deceased who is at or near the place of death, or in default of any such near relative or connection, the person who at or immediately after the death has the chief charge of the house in or of the place on which the death occurs shall, within fourteen days thereafter, cause a notice of death to be framed in the form A in the Second Schedule, and shall cause that notice, signed by himself, to be delivered or transmitted—
(a) if the death occurs in Harare or the district thereof, to the Master;
(b) if the death occurs in Bulawayo or the district thereof, to the Assistant Master;
(c) if the death occurs in any other district, to the magistrate for that district.
What documentation is needed for the registration of a deceased estate?
- Death Certificate
- Death notice provided by the Master at the Master’s office and
- Original Will of the deceased if any
- Preliminary inventory of assets; and
- marriage certificate if the deceased was married; and
- death certificate of the deceased’s spouse if the spouse died before; and
Why is it important to register a deceased’s estate?
- Orderly Estate Administration: When someone passes away, it’s crucial that their assets are gathered up for sale, redistribution, or payment of bills incurred from creditors; this process is known as winding up the estate, and it is carried out by an executor.
- Legality of Administration: The registration of an estate is essential in order for beneficiaries to legally handle the deceased’s assets registered in the deceased’s name.
- Legal recognition of important documents left be the deceased such as such as a Will
- Recognition of beneficiaries of the estate which avoids estate grabbing
In conclusion the registration of an estate is crucial for the effective administration of a deceased’s estate and one that should not be neglected by beneficiaries of a deceased estate.
Tapiwa Mujaji is a registered legal Practitioner and an Associate at Chimwamurombe legal Practice and can be contacted for feedback at tapiwamj@zenaslegalpractice.com. Whatsapp +263 77 263 9820
