Estate Administrators Act
- Commenced on 1 March 2000
- [This is the version of this document as it was at 31 December 2016 to 19 April 2018.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Estate Administrators Act [Chapter 27:20].
2. InterpretationIn this Act—“appointed member” means a member of the Council other than the Master or the Chief Magistrate of Zimbabwe;“certificate of registration” means a certificate issued in terms of subsection (2) of section twenty-three or a duplicate certificate of registration issued in terms of rules;“Compensation Fund” means the Estate Administrators Compensation Fund established by section forty-two;“Council” means the Council of Estate Administrators established by section three;“fixed date” means the date fixed in terms of subsection (2) of section one as the date of commencement of this Act;“member” means a member of the Council;“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;“practising certificate” means a practising certificate issued in terms of section twenty-eight and includes a duplicate practising certificate issued in terms of rules;“Register” means the Register of Estate Administrators established in terms of section nineteen;“registered” means registered in the Register in terms of this Act;“rules” means rules made by the Council in terms of section sixty-six;“secretary of the Council” means the person appointed by or assigned to the Council as its secretary in terms of section twelve;“work of an estate administrator” means any act performed by a person in a capacity as—(a)executor of the estate of a deceased person; or(b)tutor or curator of a person under a legal disability or of such a person’s estate; or(c)trustee or provisional trustee of an insolvent estate; or(d)liquidator or provisional liquidator or judicial manager of a company; or(e)agent of an executor, tutor, curator, trustee, liquidator or judicial manager referred to in paragraphs (a) to (d).
Part II – Council of Estate Administrators
3. Establishment of Council of Estate AdministratorsThere is hereby established a council, to be known as the Council of Estate Administrators, which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of doing anything that bodies corporate may do by law.
4. Functions and powers of Council
5. Membership of Council
6. Disqualifications for membership of CouncilA person shall not be appointed as a member, and no person shall be qualified to hold office as an appointed member, if—
7. Terms and conditions of office of members of Council
8. Vacation of office by members of Council
9. Meetings and procedure of Council
10. Committees of Council
11. Minutes of proceedings of Council and committees
12. Secretary and other staff of CouncilThe Council shall appoint a secretary and such members of staff as will enable the Council to carry out its functions in terms of this Act:Provided that the Minister, with the approval of the Public Service Commission, may assign persons employed in his Ministry to act as the Council’s secretary and members of staff.
13. Funds of CouncilThe funds of the Council shall consist of—
14. Financial year of CouncilThe Council’s financial year shall be the period of twelve months ending on the 31st December in each year.
15. Accounts of Council
16. Validity of decisions and acts of Council and committeesNo decision or act of the Council or any committee shall be invalid solely because, at the time the decision was taken or the act was done or authorized—
17. Execution of instruments by CouncilAny agreement, certificate, notification or instrument approved by the Council may be entered into or executed by any person generally or specially authorized by the Council for that purpose.
18. Exemption from liability of Council and its members, employees or agentsNeither the Council nor any member, employee or agent thereof shall be liable for any loss, injury or damage sustained by a person as a result of the bona fide exercise or performance by or on behalf of the Council of a function conferred or imposed upon the Council by or in terms of this Act:Provided that this section shall not be construed so as to prevent a person from recovering compensation for any such loss, injury or damage caused by negligence or breach of contract.
Part III – Registration of estate administrators
19. Register of Estate Administrators
20. Register to be open to inspectionAny person may inspect the Register and make copies of any entry therein at all reasonable times on payment of such fee as may be prescribed:Provided that no such fee shall be payable by—
21. Qualifications for registration
22. Application for registrationAny person who wishes to be registered as an administrator of estates shall submit to the secretary of the Council an application therefor in the form and manner prescribed, together with the prescribed registration fee, and the secretary shall forthwith cause the application to be laid before the Council.
24. Cancellation or suspension of registration
25. Restoration of registration
Part IV – Practising certificates
26. Prohibition against practice without practising certificate
27. Application for practising certificate
28. Issue or refusal of practising certificate
29. Period of validity of practising certificates
30. Terms and conditions of practising certificates
31. Withdrawal of practising certificateIf, after due inquiry, the Council is satisfied that a registered person has not complied with any term or condition of a practising certificate held by him, the Council may withdraw the practising certificate and, if it does so, the secretary of the Council shall advise the person concerned accordingly.
32. Surrender of withdrawn or invalid practising certificateWhere a person has been advised in writing by the secretary of the Council that a practising certificate issued to him has been withdrawn or has ceased to be valid, he shall forthwith, and in any event within thirty days after being so advised, return the practising certificate to the secretary for destruction.
Part V – Trust accounts
33. Registered persons to maintain trust accountsSubject to this Part, a registered person shall—
34. Audit of trust accounts
35. Trust account moneys excluded from insolvency or attachmentAn amount standing to the credit of a trust account kept by a registered person in terms of this Part—
36. Control of operation of trust account
37. Rights of bank at which trust account kept
38. Saving of set-off, etc., against trust accountNothing in this Part shall be construed so as to—
39. Circumstances in which trust account need not be kept
40. Trust account of company or partnership carrying on business of estate administrationIn the case of a company or partnership which is employing a principal in the circumstances referred to in subsection (1) of section sixty-two—
41. Offences in relation to trust accountsAny person who contravenes any provision of this Part shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.[section amended by section 4 of Act 22 of 2001]
Part VI – Estate Administrators Compensation Fund
42. Establishment of Compensation Fund
43. Constitution of Compensation FundThe Compensation Fund shall consist of—
44. Compensation for loss due to registered person’s dishonesty
45. Subrogation of Council
46. Contributions may be refundedThe Council may in its discretion refund to a registered person or his estate the whole or part of his contributions to the Compensation Fund.[section amended by section 44 of Act 14 of 2002]
47. InsuranceThe Council may enter into a contract with an insurer registered under the Insurance Act [Chapter 24:07], whereby the Compensation Fund will be indemnified to the extent and in the manner provided by such contract against the making of grants under this Act.
48. InvestmentsAny moneys in the Compensation Fund, which are not immediately required for the purposes thereof, shall be invested in such securities as the Council may determine.
49. BorrowingThe Council may borrow moneys for the purposes of the Compensation Fund and may charge any investments of the Compensation Fund by way of security for such loan:Provided that the aggregate sum owing at any one time in respect of any such loan or loans shall not exceed such limit as may be prescribed.
50. Financial year of Compensation FundThe financial year of the Compensation Fund shall be the period of twelve months ending on the 31st December in each year or on such other date as may be prescribed.
51. Audit of Compensation FundThe accounts of the Compensation Fund shall be audited once at least in each calendar year by an auditor registered in terms of the Public Accountants and Auditors Act [Chapter 27:12] appointed by the Council.
52. Expenditure from Compensation FundSubject to this Act, there shall be payable from the Compensation Fund all or any of the following—
53. Fidelity cover
Part VII – Disciplinary powers of Council
54. Improper or disgraceful conduct
55. Disciplinary powers in respect of registered persons
56. Disciplinary powers in respect of persons associated with registered persons
57. Exercise of disciplinary powers by Council on conviction of offence
58. Court to notify Council of certain convictions or conduct
Part VIII – General
59. Appeals against decisions of Council
60. Canvassing, touting or advertising
61. Offences by or in respect of unregistered persons
62. Special provisions relating to companies and partnerships
63. Supervision of employeesA registered person—
64. Information to be notified to secretary of Council
65. Remuneration not recoverable in certain casesNo remuneration of any description shall be recoverable in any court of law in respect of any act pertaining to the work of an estate administrator when performed by a person—
History of this document
20 April 2018 amendment not yet applied
Amended by Estate Administrators Amendment Act, 2018
31 December 2016 this version
01 March 2000