Deceased Estates Succession Act
- There are multiple commencements:
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
|Part III (section 7–11)||commenced on 10 June 1891.|
|Part II (section 2–6)||commenced on 21 June 1929.|
|Part I (section 1)||not yet commenced.|
Part I – Preliminary
1. Short titleThis Act may be cited as the Deceased Estates Succession Act [Chapter 6:02].
Part II – Aspects of intestate succession
2. Interpretation in Part IIIn this Part—“specified amount” means the appropriate amount specified by the Minister of Justice, Legal and Parliamentary Affairs in terms of section six.
3. Entitlement of spouse of deceased who dies intestateSubject to section four, the surviving spouse of every person who, on or after the 1st April, 1977, dies either wholly or partly intestate is hereby declared to be an intestate heir of the deceased spouse according to the following rules—
3A. Inheritance of matrimonial home and household effectsThe surviving spouse of every person who, on or after the 1st November, 1997, dies wholly or partly intestate shall be entitled to receive from the free residue of the estate—
4. Articles of peculiar sentimental valueThe entitlement of the surviving spouse in terms of section three to the household goods and effects of his or her deceased spouse shall not apply in relation to any property which devolved upon the deceased spouse by inheritance from the estate of an ancestor and which has peculiar sentimental value to any other person or persons who, but for section three, would have been entitled upon intestacy of the deceased spouse to some interest in such property.
5. Agreement on alternative division or direction to sell property devolving in undivided shares
6. Specified amountThe Minister of Justice, Legal and Parliamentary Affairs shall, by notice in a statutory instrument, specify an amount for the purposes of section three and—
Part III – Miscellaneous
7. No legitimate portion to be claimed of rightNo legitimate portion shall be claimable of right by any one out of the estate of any person.
8. Heir not entitled to deduct any portion under Falcidian and Trebellianic lawsIn no case shall any heir of any deceased person be entitled to deduct out of the estate of the deceased person any portion under or by virtue of the laws known respectively as the Falcidian and the Trebellianic Laws, which, but for such laws respectively, such heir would not be entitled to claim or deduct.
9. Lex Hac Edictali repealedThe sixth law of the ninth title of the fifth book of the Codes of Justinian, commencing with the words “Hac Edictali”, and commonly called or known as the Law or Lex Hac Edictali, is hereby declared to be of no force or effect in Zimbabwe.
10. Inheritance ab intestato unaffectedNothing in this Part shall affect or alter the laws of Zimbabwe regarding inheritance ab intestato.
11. Community of property unaffectedNothing in this Part shall extend to or alter or affect the laws of Zimbabwe regarding community of property between spouses.
History of this document
10 June 1891