Administration of Estates Act
- Commenced on 5 July 1907
- [This is the version of this document from 5 July 1907 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 I – Preliminary
1. Short titleThis Act may be cited as the Administration of Estates Act [Chapter 6:01]
2. InterpretationIn this Act—“Assistant Master” means the Assistant Master of the High Court referred to in paragraph (c) of subsection (1) of section three or any person performing his functions in terms of subsection (2) of that section;[definition substituted by section 4 of Act 12 of 1997]“magistrate for the district” means the magistrate whose court is situated within the district concerned or, where there is no magistrates court situated within the district concerned, the magistrate whose court is situated nearest thereto;“Master” means the Master of the High Court referred to in paragraph (a) of subsection (1) of section three or any person performing his functions in terms of subsection (2) of that section;[definition substituted by section 4 of Act 12 of 1997]“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.
Part II – Master's office
3. Master and other officers
4. Office of record
Part III – Estate of deceased persons
5. Death notices to Master, Assistant Master or Magistrate
6. If death notice defective executor to furnish further information
7. Deposit of wills with master
8. Transmission of wills
9. Search for concealed willEvery judge of the High Court and every magistrate or justice of the peace, upon information taken on oath being transmitted to him by the Attorney-General or the Master, or upon the information of any person made on oath before any such judge, magistrate or justice of the peace that there is reason to suspect that any will, codicil or other testamentary instrument is concealed in any place within the jurisdiction of such judge, magistrate or justice of the peace, may, by warrant under his hand, cause every such place to be searched.[section amended by section 4 of Act 12 of 1997]
10. Order for delivery of willIf any person who is reasonably believed to be in possession of or have under his control any will, codicil or other testamentary instrument, after the death of the testator, refuses or fails to deliver or transmit the same in manner hereinbefore provided, the Master is hereby authorized and required forthwith to apply to the High Court or any judge thereof for an order of such Court or judge on such person forthwith to deliver such will, codicil or other instrument.[section amended by section 4 of Act 12 of 1997]
11. Registration of wills at testator’s deathEvery deed being or purporting to be the will, codicil or other testamentary instrument of any person which has been deposited with or transmitted to the Master or Assistant Master, as the case may be, in manner hereinbefore provided shall, after the death of the maker thereof, be registered by the Master or Assistant Master, as the case may be, in his Register of Wills, for which purpose the Master and the Assistant Master are hereby authorized and required to open or cause to be opened every such deed which may be sealed up:Provided that—
12. Inventory of estate in community
13. Penalty on omission of inventory
14. Inventory on the death of person not married in community
15. Transmission to master, assistant master or magistrate
16. Inventory by order of the High Court, judge or MasterThe High Court, or any judge thereof, or the Master, on sufficient cause appearing at any time may order that an inventory of any property belonging to any deceased person, or to the joint estate of any deceased person and the surviving spouse, shall be taken by any person named in such order.
17. Particulars required as to immovable propertyEvery person who is required by section twelve, fourteen or sixteen to make an inventory shall include therein a specified list of all immovable property wherein to his knowledge the deceased had an interest at the date of his death, and, if possible, a reference to the title under which the deceased held such interest, and the date of such title.
18. ***[section repealed by section 4 of Act 22 of 2001]
19. Penalty for false inventoryIf any person required and directed under and by virtue of section twelve, fourteen or sixteen to make or cause to be made an inventory of any estate, goods or effects wilfully makes a false inventory thereof, he shall be guilty of an offence and liable to a fine not exceeding level six 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]
Custody of estate pending issue of letters of administration
20. Custody of estate in communityWhen one of two spouses who have been married in community of property dies, the joint estate shall remain under the charge of the survivor until the executor of the deceased, or the tutor testamentary or dative of the minor children of the marriage, or the Master or curator bonis lawfully appointed to such minor children, takes proceedings for the administration, distribution and final settlement of the joint estate:Provided that nothing in this section shall prevent any such joint estate from being placed under sequestration as insolvent.
21. Custody of estate of person not married in communityOn the death of any person not being one of two spouses married in community of property, the spouse of the deceased or, in default or absence of the spouse, the child or children of the deceased or, in default, absence or minority of the child or children, the next of kin of the deceased or, in default, absence or minority of the next of kin, 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 secure and take charge of all goods and effects of whatever description belonging to the deceased and being in the house or upon the premises at the time of death, and shall retain the same in his or her custody and possession until delivery thereof is demanded by the executor of the deceased or by any other person lawfully appointed by the High Court or any judge thereof or the Master, to receive delivery of the same.
22. Custody of estate by curator bonis
Letters of administration
23. Letters of administrationThe estates of all persons dying either testate or intestate shall be administered and distributed according to law under letters of administration to be granted in the form B in the Second Schedule by the Master to the testamentary executors duly appointed by such deceased persons, or to such persons as shall, in default of testamentary executors, be appointed executors dative to such deceased persons in manner hereinafter mentioned.
24. Letters of administration to executors as appointed by will
25. Appointment of executor
26. Competition for the office of executor dativeIn every case in which a competition takes place for the office of executor dative the surviving spouse, or failing him or her the next or some of the next of kin, or failing him or them a creditor or creditors, or failing him or them failing a legatee or legatees, shall be preferred by the Master to the office of executor:Provided that—
27. Appointment of tutor as executorWhen it happens that any of the next of kin or creditors or legatees of any deceased person are minors under the guardianship of any tutor duly appointed, then and in every such case such tutor shall be entitled to be preferred to the office of executor dative under section twenty-six, in the same manner in all respects as the minor, whose tutor he is, would, if of full age, have been entitled to be preferred to that office under the said section.
28. Assumption of executor under power contained in will
29. Appointment of new executorWhen by reason of any testamentary or assumed executor whom letters of administration have been granted having died or become incapacitated to act as such, or having been removed from his office by the decree of any competent court or a judge thereof there does not remain for the administration of the estate any executor whatever, or so many executors, either testamentary or assumed, as by the provisions of the will or codicil by which such executors were appointed, or permitted to be assumed, are required to form a quorum of executors, and when it happens that any executor dative, after letters of administration have been granted to him, dies or becomes incapacitated or is removed in manner aforesaid, then and in every such case proceedings for the appointment of an executor in place of such executor so dying or so becoming incapacitated or removed, shall be taken by the Master in like manner in all respects as provided in section twenty-five, twenty-six and twenty-seven.
29A. Disqualification from appointment as executor in certain casesThe Master shall not grant letters of administration to a person in terms of section twenty-five, twenty-seven or twenty-nine unless that person is-
30. Revocation of letters of administration
31. Security for due administration
32. Administration of small estates
Foreign letters of administration
33. Interpretation in sections 34 to 37In sections thirty-four to thirty-seven—“British Consular Court” means any British court having jurisdiction under an order in council made in pursuance of the Foreign Jurisdiction Act 1890 of the United Kingdom, or any amendment thereof;“letters of administration” includes every document issued, or a copy of every such document duly certified, by any lawful and competent judicial or other public authority in any State, under and by which document any person or body corporate is authorized and empowered to act as the personal representative of any deceased person, or as executor or administrator, either testamentary or dative, either of the whole estate of any deceased person which is legally situate in such State or of so much of such estate so situate as consists of immovable, real or personal property, as the case may be;“State” includes England, Scotland, Ireland and every British Colony and British Possession, and any territory whereof the Sovereign of the United Kingdom holds the mandate.
34. Operation of sections 34 to 37 only with regard to letters granted in States specially proclaimedThis section, as well as section thirty-five, thirty-six and thirty-seven, shall come into force with regard to all letters of administration at any time granted in any State as and from the date of and during the period, if any, limited by a notice which the President may see fit to publish in the Gazette declaring such State to come under the operation thereof, and thereupon such provisions shall continue in force, either until any period so limited as aforesaid or any notice of the extension thereof in the Gazette has expired, or until a further notice is similarly published by the President intimating that the said provisions shall no longer apply to letters of administration granted in such State.
35. Recognition of foreign letters of administrationWhenever letters of administration granted in any State are produced to, and a copy thereof deposited with, the Master by the person in whose favour such letters of administration have been granted, or his duly authorized agent, such letters may be signed by the Master and sealed with his seal of office, and shall thereupon be of the same effect and have as full operation in Zimbabwe with respect to, and the Master shall have the same control over, the administration of the entire estate of the deceased situate in Zimbabwe as though the said letters had been letters of administration granted by the Master:Provided that—
36. Letters granted by British Consular Courts recognizedLetters of administration lawfully granted by any British Consular Court shall be deemed and taken to be granted in a State to which section thirty-five applies.
37. Evidence of foreign letters of administrationA copy, certified by the Master, of the copy of any letters of administration deposited with him under section thirty-five shall be admitted in evidence in all legal proceedings in Zimbabwe as though such certified copy were the original letters, and a certificate under the hand of the Master to the effect that he has, in accordance with the said provisions, signed and sealed any letters of administration authorizing and empowering any person to act thereunder shall be admitted in all legal proceedings in Zimbabwe as prima facie proof of the legal right and title of such person to administer so much of the estate of the deceased person named in such certificate as is situate in Zimbabwe.
Duties of Executors
38. Inventory by executor
39. Penalty for false inventoryIf any person required and directed under and by virtue of section thirty-eight to make or cause to be made an inventory of any estate, goods or effects wilfully makes a false inventory thereof, he shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[section amended by section 4 of Act 22 of 2001]
40. Valuation of assetsWhen any executor fails to place any value upon the assets or any portion thereof, or places a value on them which does not meet with the approval of the Master, the Master may cause the value of such assets to be appraised by any impartial person or persons and the value so ascertained shall be taken to be the true value of such assets for the purposes of this Act.
41. Liability in certain cases for debts and legaciesIf—
42. Duty of person in possession of assets of estate of deceased personEvery person not being the executor of the estate of a deceased person duly appointed in Zimbabwe who has or comes into possession or custody of any property or asset belonging to such estate shall forthwith either deliver such property or asset to the duly appointed executor, if any, then being in Zimbabwe or report the particulars thereof to the Master; and if such first-mentioned person fails to do so, or parts with any such property or asset to any person not authorized by the Master by letters of administration or other direction to receive the same, he shall, apart from any other liability he may incur thereby, be liable for all dues payable to the public revenue in respect of such property or asset.
43. Public notice by executors to creditors and others to lodge their claimsEvery executor shall, so soon as he has entered on the administration of the estate, forthwith cause a notice to be published in the Gazette and in some newspaper published or circulating in the district in which the deceased ordinarily resided, calling upon all persons having claims due, or not yet due, as creditors against the deceased or his estate, to lodge the same with such executor within such period from the date of publication thereof as is therein specified, not being less, save and except as in section sixty-six is provided, than thirty days or more than three months, as in the particular circumstances of each case is by the executor deemed proper. All claims which would be capable of proof in case of the insolvency of the estate shall be deemed to be claims of creditors for the purposes of this Act.
44. Suspension of execution against deceased estate
45. Duties of executors after expiration of period for lodging claims
46. Preference on estate for funeral expensesEvery person by whom the funeral of any deceased person is performed, or who causes the same to be performed, shall for the amount of the expenses of such funeral, in so far as the same were suitable to the condition of the deceased, have a preference on the property and assets of the estate of the deceased before any other debt or claim which may have been owing by the deceased at the time of his death or which may arise against his estate after his death.
47. Executor may require solemn declaration in support of claim
48. If estate insolventIf an executor, after inquiry, finds that the estate is insolvent he shall immediately take the necessary proceedings for having such estate placed under sequestration as insolvent, unless the creditors consent to receive a dividend in full satisfaction of their claims and proof of such consent is produced to the Master.
49. Master may permit surviving spouse to take over estate at appraisementIf one of two spouses dies intestate, or dies testate and has made no provision to the contrary in the will, the Master may, if it appears to him that it will be for the benefit of the minor children, if any, of the deceased spouse to do so, permit the estate belonging to such deceased spouse to be taken over by the survivor at a valuation, to be made by a person appointed in terms of section one hundred and twenty-eight, instead of being realized according to law:Provided that no person having any lawful claim against the estate of such deceased spouse shall be delayed or defeated in obtaining payment of such claim by virtue of anything herein contained.
50. Claims by minors, absent persons and othersIf any executor in administering and distributing any estate finds that any minor not having a lawful guardian or tutor, or any mentally disordered or defective person not having a lawful curator, or any person absent from Zimbabwe and not having a lawful representative within the same, has any valid right or claim to such estate or any part thereof, such executor shall forthwith transmit to the Master a statement in writing containing the name of such minor, mentally disordered or defective person or absent person and specifying the nature and value of the property to which such minor, mentally disordered or defective person or absent person has such right or claim.
51. Executor to pay to Master money devolving upon minors, mentally disordered or defective persons or absent persons
52. Administration and distribution accounts
53. Summons if account has not been lodged within six months
54. Master entitled to costs in certain casesAlthough the High Court or judge is of opinion that the grounds and reasons laid before the Master by any executor who is summoned to lodge his account as aforesaid were such as would have warranted the Master in granting an extension of time, the Master, or such other person at whose instance summons is issued, shall nevertheless be entitled to his costs if, before summoning the executor whose grounds and reasons the Master has overruled and declared insufficient, he has allowed such executor sufficient time for enabling him to apply to the High Court or some judge thereof for such an order as aforesaid granting to such executor an extension of time.[section amended by section 4 of Act 12 of 1997]
55. Costs, unless otherwise ordered, to be paid by executor in defaultThe costs adjudged to the Master, or such other person as aforesaid, upon any summons sued out by him or on his behalf shall be payable by the executor in default in his individual capacity and he shall not be at liberty to charge the same to the estate under his administration unless authorized so to do by the High Court.[section amended by section 4 of Act 12 of 1997]
56. Remuneration of executorsEvery executor shall, in respect of his administration, distribution and final settlement of any estate, be entitled to claim, receive or retain out of the assets of such estate, or from any person who as heir, legatee or creditor is entitled to the whole or any part of such estate, such remuneration as may have been fixed by the deceased by will or deed or otherwise as fair and reasonable compensation to be assessed and taxed by the Master, subject to the review of the High Court, upon the petition of such executor or of any person having an interest in such estate:Provided that if any executor fails to lodge the account of his administration and distribution of the estate within six months from the date on which letters of administration were granted to him and has no lawful and sufficient excuse for such failure, it shall be competent for the Master to disallow the whole or any portion of the fees which such executor might otherwise have been entitled to receive in respect of his administration of such estate.[subsection amended by section 4 of Act 12 of 1997]
57. Transfer or mortgage of property held in communityThe survivor of two spouses who were married in community of property shall not, without the consent of the Master in writing, transfer any land belonging to the joint estate and registered in the name of such survivor unless and until an account of the administration of such estate has been lodged with and accepted by the Master, nor shall the survivor, unless and until such account has been so filed and accepted, mortgage without such consent any such land as aforesaid, except for the purpose of—
58. Property bequeathed with limited interest and transfer to administrator
59. Penalty for refusing to deliver title deed to executor when required
60. Court may grant its consent to alienation or mortgage of property subject to certain restrictionsWhenever under a will or other instrument any unborn person will be entitled to any interest in immovable property which is subject to any restriction imposed by such will or other instrument, the High Court may grant its consent on behalf of any such unborn person, whether already conceived or not, to the alienation or mortgage of such property as if such unborn person were a minor in esse.
61. Duties of surviving spouse appointed executor testamentaryEvery surviving spouse who has been appointed executor testamentary of his or her deceased spouse shall, so soon as the estate of the deceased has been administered and an account thereof framed according to law—
62. Revision of accountsThe Master may, upon any administration and distribution account being tendered, require proof that section fifty-eight and sixty-one have been duly complied with and may refuse to accept or file such account until he is satisfied.
63. Particulars to be sent to Registrar of DeedsThe Master shall from time to time furnish the Registrar of Deeds with a return giving the name of every person married in community of property with regard to whom or to whose estate an inventory has been filed, showing that such person had at the time of his or her death an interest in any immovable property registered in the name of his or her surviving spouse. Such return shall embody all material information respecting such property, and the interest therein, of the deceased which is contained in the inventory lodged with the Master and in the will, if any, of the deceased.
64. State, Master and Registrar exempt from liability in certain casesNo omission to render any such return as is by section sixty-three required, no rendering of an incomplete return and no transfer of a mortgage bond bona fide passed before the Registrar of Deeds against section fifty-seven, and no error or omission in any bond accepted by the Master to secure the inheritances of minor children and no release from or cancellation of any such bond bona fide made by the Master shall subject the State, the Master or the Registrar of Deeds to any liability in respect of damage sustained by any person in consequence of such omission, return, transfer, mortgage, acceptance, release or cancellation.
Estates under $4000
65. When Master may summarily appoint executor dative
66. Master may fix time for filing claims and accountAny executor appointed as in section sixty-five mentioned shall administer such estate in accordance with the requirements of this Act:Provided that the Master may at any time direct that—
Estates of persons not ordinarily resident in Zimbabwe
67. Estate of person not resident in Zimbabwe
Part IIIA – Estates of persons subjected to customary law[Part IIIA inserted by section 3 of Act No. 6 of 1997]
68. Interpretation in Part IIIA
68A. Application of Part IIIA
68B. Appointment of executor
68C. Inheritance of customary articles by heirUpon the death of a person referred to in subsection (1) of section sixty-eight A, his heir shall inherit the person’s name and tsvimbo or intonga and any traditional articles which, under customary law, pass to his heir on the person’s death.
68D. Inheritance plan
68E. Consideration and approval of inheritance plan
68F. Resolution of dispute over inheritance plan
68G. Determination of whether customary law applied to deceased person
68H. Exemption of small estates from provisions of this PartWithout derogation from section sixty-five, if the Master is satisfied that the net value of any estate does not exceed such amount as may be prescribed, he may exempt the estate concerned from all or any of the provisions of this Part.
68I. Designation of persons to perform functions of MasterThe Minister may, by notice in the Gazette, designate—
68J. Appeals against decisions of MasterAny person who is aggrieved by any decision of the Master in terms of this Part may appeal against the decision to the High Court within the time and the manner prescribed in rules of court.
68K. No derogation from Cap. 6:03This Part shall not be construed as limiting the right of any person to apply for, receive or enjoy any benefit under the Deceased Persons Family Maintenance Act [Chapter 6:03][Part IIIA inserted by section 3 of Act No. 6 of 1997]
Part IV – Estates of minors and absent persons
69. Appointment by father or mother only of tutors to minors
70. Tutors testamentary
71. Mode of granting letters of confirmation
72. Letters of confirmation to curators nominate
73. Security rem pupilli salvam fore, by curators and tutors nominate in like manner as before this ActThe High Court, or any judge thereof, on the application of the Master or of any relation or of any person having an interest in the due administration of the estate or property of any minor in every case in which, prior to the 5th July, 1907, any tutor testamentary might by law have been required to give security rem pupilli salvam fore, may make an order that letters of confirmation shall not be granted to any tutor testamentary or curator nominate as aforesaid until he has found security to the satisfaction of the Master to such amount as, in the circumstances of each particular case, is reasonable for the due and faithful administration and management of such estate or property.
74. Appointment of tutors dative by Master
75. Review of Master’s appointmentEvery such appointment made by the Master shall, on the application of any one of the relations of, or of the curator nominate of any estate or property belonging to, such minor, be subject to be reviewed and confirmed or set aside by the High Court or any judge thereof, and the High Court or judge by whom such appointment shall be set aside shall appoint some other fit and proper person to be tutor dative of such minor.
76. Assumption of tutors and curators
77. Proceedings in case of death, incapacity or removal of tutors or curatorsWhen by reason of any tutor of any minor, either testamentary or assumed, or of any curator of any estate, either nominate or assumed, to whom letters of confirmation have been granted, having died or become incapacitated to act as such or having been removed from his office by any competent court or a judge thereof, there does not remain for the guardianship of such minor or for the administration or management of such estate respectively any tutor or curator whatever, or so many tutors, either testamentary or assumed, or curators, nominate or assumed, as by the provisions of the will or deed by which such tutors or curators were respectively appointed or permitted to be assumed, are required to form a quorum of tutors or curators for the guardianship of such minor or for the administration and management of such estate respectively, and when it happens that any tutor dative, after letters of confirmation have been granted to him, dies or becomes incapacitated or is removed in manner aforesaid, then and in every such case proceedings for the appointment of a tutor dative in place of the person so dying or becoming incapacitated or removed shall be taken by the Master in like manner and in all respects as is provided by section seventy-four.
78. Revocation of letters of confirmation
79. Appointment of curator dative of estate or property of person whose whereabouts are unknown
80. Appointment of curator dative of property belonging to absent persons not having a legal representative in Zimbabwe
81. Appointment of curator ad litem and curator bonis
82. Security for due administration by tutors and curatorsEvery tutor, either dative or assumed, and every curator dative and curator bonis, who is appointed by the Master or the High Court or judge to administer the estate or property of any minor or absent person shall, before he is permitted to enter on the administration of such estate or property, find security to the satisfaction of the Master to such amount as in the circumstances of each particular case is reasonable for the due and faithful administration and management of such estate and property.
83. Disqualifications of persons as tutors or curatorsEvery person shall be deemed incapacitated and disqualified to hold, and shall be incapable of holding, the office of tutor, either testamentary or dative, or of curator, either nominate or dative, in every case and for every cause in and for which any person appointed tutor testamentary would, previously to the 5th July, 1907, have been incapable of holding the office of tutor testamentary.
84. Removal ipso facto of insolvent tutors and curatorsEvery tutor, either testamentary or dative, and every curator, either nominate or dative, whose estate is placed under sequestration as insolvent, shall cease to exercise or hold, and shall thereupon be deemed to have been removed and shall ipso facto be removed from, his office as tutor or curator aforesaid so soon as the final order for such sequestration has been made, but the removal of such tutor or curator shall not relieve him from any liability or responsibility attaching to him at the time of his removal.
85. Removal and suspension for cause of executors, tutors and curators
Duties of tutors and curators
86. Inventory by tutors and curators
87. Penalties for failure to make and transmit inventoryEvery tutor or curator who fails to make up and transmit any such inventory in manner aforesaid, and who has no lawful and sufficient excuse for such failure, shall by reason thereof, and in addition to every other liability, consequence and penalty which he thereby by law subjects himself to and incurs, be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.[section amended by section 4 of Act 22 of 2001]
88. Penalty for making false inventoryIf any tutor or curator, required and directed under and by virtue of section eighty-six to make, or cause to be made, an inventory of any estate, goods or effects, wilfully makes a false inventory thereof, he shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[section amended by section 4 of Act 22 of 2001]
89. Duties and liabilities of tutors and curators after confirmation
90. Prohibition of re-marriage of surviving parent until minors’ shares have been secured
91. Prohibition of alienation of immovable property by tutor or curatorNo tutor, either testamentary or dative, and no curator, either nominate or dative, or curator bonis shall sell, alienate or mortgage any immovable property belonging to any minor or forming part of any estate under the guardianship of such tutor or curator, unless the High Court or any judge thereof has authorized such sale, alienation or mortgage or unless the person by whom any such tutor testamentary or curator nominate has been appointed has directed such sale, alienation or mortgage to be made.[section amended by section 4 of Act 12 of 1997]
92. Payment of moneys to Master
93. Further payment of moneys to MasterAny tutor testamentary or curator nominate to whom it seems expedient so to do, except where the person by whom such tutor or curator has been appointed has directed that the same shall not be done, may pay over to the Master any money belonging to the person or estate under the guardianship of such tutor or curator and which by law such tutor or curator might lend out at interest.
94. Accounts of administration by tutors and curators
95. Summons by MasterThe Master may summon any tutor, whether testamentary or dative, and any curator, whether nominate or dative, and any curator bonis to show cause why any account which under section ninety-four ought to have been lodged with the Master has not been lodged, and section fifty-three to fifty-five shall apply, mutatis mutandis, to all proceedings taken by the Master in pursuance of this section.
96. Compensation of tutors and curatorsEvery tutor, either testamentary or dative, and every curator, either nominate or dative, shall, in respect of his administration and management of any estate, be entitled to claim, retain and receive out of the assets of such estate a reasonable compensation for his care and diligence in the said administration, to be assessed and taxed by the Master, subject to the review of the High Court or any judge thereof, upon the petition of any such tutor or curator or of any person having an interest in the said estate.[section amended by section 4 of Act 12 of 1997]
The guardian’s fund
97. The guardian’s fund
98. Interest on moneys of minors and mentally disordered or defective persons
99. Master to control moneys in hands of agents for person whose whereabouts are unknown
100. Deposit-receiving institutions
101. Banking of moneys in guardian’s fundAll moneys paid to the Master under any law, for the purpose of being placed to the credit of the Guardian’s Fund, shall be paid into an account with a commercial bank registered under the Banking Act [Chapter 24:20] and the Master may withdraw any part of such moneys by cheques or drafts signed by himself and drawn in accordance with regulations made in terms of section one hundred and thirty-two.[section amended by section 82 of Act 9 of 1999]
102. Payment to persons entitled to money
103. Application of moneys to education of minor
104. List of moneys in guardian’s fund to be published
105. Prescription of claims to moneys in guardian’s fundAny claim to moneys in the Guardian’s Fund whether they were paid into that Fund before, on or after the 29th December, 1978, shall be made within a period of thirty years—
106. Investment of moneys to credit of Guardian’s Fund
107. Bonds to be made payable to guardian’s fundAll bonds for money invested on mortgage shall be made payable to the Master administering the Guardian’s Fund and the Master may cede and assign or demand, enforce and receive payment of any such bond and of the interest due thereon.
108. Examination of books and security of guardian’s fund
109. Master to prepare annual balance sheetThe Master shall, so soon after the 1st April in each year as may be convenient, prepare a balance sheet and statement of revenue and expenditure of the Guardian’s Fund reflecting its assets and liabilities and revenues and expenditure under appropriate headings.
110. Master to deliver copy of balance sheet to Minister and othersThe Master shall deliver a copy of the balance sheet and profit and loss account to the Minister, the Secretary of the Ministry responsible for finance and the Comptroller and Auditor-General.
111. Procedure in case of credit balance or loss
112. Maintenance awards
Part V – General
113. Decision on point of lawWhenever any difference of opinion upon a question of law arises between the executor and the Master in the distribution of an estate and a minor is interested in the decision of that question, the Master and the executor may state a case in writing for determination by a judge of the High Court in chambers, and the determination of the judge shall be binding upon the Master and the executor, without prejudice to the rights of other persons interested in the distribution:Provided that the judge may refer the matter to the High Court for argument.
114. ***[section repealed by section 4 of Act 22 of 2001]
115. Invalidity of appointment of Master as executor, tutor or curatorIf any person has by will or other deed appointed the Master in his official or private capacity to be the executor of his estate or tutor testamentary of any minor or curator nominate of any estate or property given or bequeathed by him to any minor or mentally disordered or defective person, such appointment shall be null and void; and proceedings shall be taken for the appointment of an executor dative, tutor dative or curator dative, as the case may be, just as if no such appointment of the Master had been made.
116. Supervision of executors, tutors and curators
117. Master may apply for removal of executor, tutor or curator from office
119. Continuing liability of executor, tutor or curator who has been removed and of surety thereforNotwithstanding his removal from office, an executor, tutor or curator shall remain liable for his duty to account for his administration and management prior to such removal and any surety for any such executor, tutor or curator shall remain liable for his obligation in regard to such duty.
119. Master to keep register of executors, tutors, curators and suretiesThe Master shall cause a register to be kept containing the names of every executor to whom letters of administration have been granted and of every surety for an executor dative, and also a register containing the names of every tutor and curator to whom any letters of confirmation have been granted and of every surety for such tutor or curator; and whenever any order for sequestration is lodged with the Master he shall cause the said registers to be examined and—
120. Sale of property otherwise than by auctionIf, after due inquiry, the Master is of opinion that it would be to the advantage of persons interested in the estate to sell any property belonging to such estate otherwise than by public auction he may, if the will of the deceased contains no provisions to the contrary, grant the necessary authority to the executor so to act.
121. When Master may authorize subdivision of immovable property of minorsIn cases where the Master is satisfied that it has become necessary or is expedient to subdivide any immovable property in which any minor has an interest he may, after due inquiry and, if he deems fit, after inspection of the property by himself or by some suitable person appointed by him, if he is satisfied that the proposed division is a fair one, consent to such division on behalf of the minor interested and appear before the Registrar of Deeds to join in the requisite transfers of partition.
122. Disposal of minors’ propertyIn cases where minor heirs are interested in property inherited from the estate of any deceased person the Master may apply through the chamber book to a judge in chambers for authority for the lease, mortgage, sale or other disposition of such property, and the judge may make such order as in the circumstances he considers advisable.
123. Master may invest money of minors in purchase of immovable property in Zimbabwe
124. Records of Master’s office
125. Master to forward duplicates to magistrates
126. Liability of Master for costs of actions by or against himWhen the Master is plaintiff or defendant in any action instituted by him or against him in his official capacity, or with reference to any matter or thing placed under his guardianship, control or superintendence, or which he is required to do or cause to be done under and by virtue of this Act, and the party against whom such action has been instituted by the Master or by whom it has been instituted against the Master, has his costs in and with respect to such action adjudged to him by the court before which such action has depended, the Master may withdraw the amount of such costs from and pay the same out of the credit balance of the Guardian’s Fund, unless the said court orders that the said costs shall be paid by the Master out of his private funds:Provided that nothing in this section contained shall be deemed to limit the power of the President to authorize specially that any costs incurred or paid by the Master shall be defrayed out of the Guardian’s Fund.
127. Application of ActEvery person to whom letters of administration or letters of confirmation are granted after the 5th July, 1907, for the administration of the estate of any person who has died prior to the said date, shall be subject to and conform with this Act, and shall administer the estate in accordance therewith.
128. Valuation of assets and property
129. Oath to be taken after valuation madeEvery person who is called upon to value any assets or property in terms of section one hundred and twenty-eight shall take an oath before any judge of the High Court, magistrate, justice of the peace or commissioner of oaths that he has valued such assets or property according to the just, proper and true valuation thereof to the best of his skill and knowledge and shall transmit his valuation, supported by that oath, to the Master or Assistant Master, as the case may be.
130. Meetings before magistrate or other authorized officialAny meeting advertised to be held before any magistrate under this Act may, in the absence of such magistrate on leave or duty or through indisposition, be held before an official to be authorized by the Master.
131. Certified copies of duplicate original documents admissible in evidenceWhenever any duplicate original documents have, under this Act, been lodged in the office of the Assistant Master or of any magistrate, a copy or extract thereof, signed and certified as a true copy or extract thereof by the Assistant Master or magistrate, as the case may be, having custody of such document, and every such copy authenticated by the Assistant Master, a magistrate or the Master, as the case may be, as has under this Act been lodged in the office of the Assistant Master or any magistrate, shall be admissible in evidence in any court, and before any person having by law or consent of parties authority to hear, receive and examine evidence.
132. Minister may make regulations
History of this document
05 July 1907 this version