Administration of Estates Act [Chapter 6:01]

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Short title: 
Administration of Estates Act [Chapter 6:01]
Long title: 
Administration of Estates Act [Chapter 6:01]
Year of Act: 
1929
Number of Act: 
12
Date of assent: 
20 May 2002
Date of promulgation: 
20 May 2002
Date of commencement: 
20 May 2002
In force: 
Yes
Taxonomy: 
Administration, Estates, Act

ADMINISTRATION OF ESTATES ACT
Ord. 6,1907; Acts 12/1929, 3/1932, 2/1935, 37/1938 (ss. 19 and 20), 29/1951 (s. 2),
25/1956 (ss. 6 and 7), 3/1957, 15/1958, 9/1962, 14/1962 (s. 2), 22/1964 (s. 54),
30/1969, 29/1970 (s. 2), 42/1971 (s. 5), 77/1971 (s. 21), 57/1972 (s. 4), 39/1973 (s.
52) 19/1977, 39/1978 (s. 13), 41/1978 (s. 31), 17/1979 (s. 13), 15/1981, 29/1981,
15/1982, 11/1991 (s. 21), 9/1995, 6/1997, 9/1997 (s. 10), 12/1997 (s. 4), 16/1998 (s.
68), 9/1999, 22/2001; R.G.N.s 26/1963, 386/1964, 217/1970; S.I. 574/1981 (and by
789/1981), 638/1981.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
MASTER’S OFFICE
3. Master and other officers.
4. Offices of record.
PART III
ESTATES OF DECEASED PERSONS
Death Notices
5. Death notices to Master, Assistant Master or magistrate.
6. If death notice defective executor to furnish further information.
Wills
7. Deposit of wills with Master.
8. Transmission of wills.
9. Search for concealed will.
10. Order for delivery of will.
11. Registration of wills at testator’s death.
Inventories
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 of inventory to Master, Assistant Master or magistrate.
16. Inventory by order of the High Court, judge or Master.
17. Particulars required as to immovable property.
18. . . . . . .
[repealed by Act 22 of 2001, with effect from the 20th May, 2002.]
19. Penalty for false inventory.
Custody of Estate Pending Issue of Letters of Administration
20. Custody of estate in community.
21. Custody of estate of person not married in community.
22. Custody of estate by curator bonis.
Letters of Administration
23. Letters of administration.
24. Letters of administration to executors as appointed by will.
25. Appointment of executor.
26. Competition for the office of executor dative.
27. Appointment of tutor as executor.
28. Assumption of executor under power contained in will.
TITLE 16
29. Appointment of new executor.
29A. Disqualification from appointment as executor in certain cases.
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 37.
34. Operation of sections 34 to 37 only with regard to letters granted in
States specially proclaimed.
35. Recognition of foreign letters of administration.
36. Letters granted by British Consular Courts recognized.
37. Evidence of foreign letters of administration.
Duties of Executors
38. Inventory by executor.
39. Penalty for false inventory.
40. Valuation of assets.
41. Liability in certain cases for debts and legacies.
42. Duty of person in possession of assets of estate of deceased person.
43. Public notice by executors to creditors and others to lodge their claims.
44. Suspension of execution against deceased estate.
45. Duties of executors after expiration of period for lodging claims.
46. Preference on estate for funeral expenses.
47. Executor may require solemn declaration in support of claim.
48. If estate insolvent.
49. Master may permit surviving spouse to take over estate at
appraisement.
50. Claims by minors, absent persons and others.
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 cases.
55. Costs, unless otherwise ordered, to be paid by executor in default.
56. Remuneration of executors.
57. Transfer or mortgage of property held in community.
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 restrictions.
61. Duties of surviving spouse appointed executor testamentary.
62. Revision of accounts.
63. Particulars to be sent to Registrar of Deeds.
64. State, Master and Registrar exempt from liability in certain cases.
Estates under $4000
65. When Master may summarily appoint executor dative.
66. Master may fix time for filing claims and account.
Estates of Persons not Ordinarily Resident in Zimbabwe
67. Estate of person not resident in Zimbabwe.
PART IIIA
ESTATES OF PERSONS SUBJECT TO CUSTOMARY LAW
68. Interpretation in Part IIIA.
68A. Application of Part IIIA.
68B. Appointment of executor.
68C. Inheritance of customary articles by heir.
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 Part.
68I. Designation of persons to perform functions of Master.
68J. Appeals against decisions of Master.
68K. No derogation from Cap. 6:03.
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 Act.
74. Appointment of tutors dative by Master.
75. Review of Master’s appointment.
76. Assumption of tutors and curators.
77. Proceedings in case of death, incapacity or removal of tutors or
curators.
78. Revocation of letters of confirmation by Court.
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 curators.
83. Disqualifications of persons as tutors or curators.
84. Removal ipso facto of insolvent tutors and curators.
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 inventory.
88. Penalty for making false inventory.
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 curator.
92. Payment of moneys to Master.
93. Further payment of moneys to Master.
94. Accounts of administration by tutors and curators.
95. Summons by Master.
96. Compensation of tutors and curators.
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 Fund.
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 Fund.
106. Investment of moneys to credit of Guardian’s Fund.
107. Bonds to be made payable to Guardian’s Fund.
108. Examination of books and security of Guardian’s Fund.
109. Master to prepare annual balance sheet.
110. Master to deliver copy of balance sheet to Minister and others.
111. Procedure in case of credit balance or loss.
112. Maintenance awards.
PART V
GENERAL
113. Decision on point of law.
114. . . . . . .
[repealed by Act 22 of 2001, with effect from the 20th May, 2002.]
115. Invalidity of appointment of Master as executor, tutor or curator.
116. Supervision of executors, tutors and curators.
117. Master may apply for removal of executor, tutor or curator from
office.
118. Continuing liability of executor, tutor or curator who has been
removed and of surety therefor.
119. Master to keep register of executors, tutors, curators and sureties.
120. Sale of property otherwise than by auction.
121. When Master may authorize subdivision of immovable property of
minors.
122. Disposal of minors’ property.
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 him.
127. Application of Act.
128. Valuation of assets and property.
129. Oath to be taken after valuation made.
130. Meetings before magistrate or other authorized official.
131. Certified copies of duplicate original documents admissible in
evidence.
132. Minister may make regulations.
FIRST SCHEDULE: Area for which Master’s Office is Office of
Record.
SECOND SCHEDULE: Forms.
THIRD SCHEDULE: Form of Affidavit.
AN ACT to consolidate and amend the law relating to the administration of the
estates of deceased persons, minors, mentally disordered or defective persons and
persons absent from Zimbabwe, and to provide for the control of moneys belonging
to persons whose whereabouts are unknown.
[Date of commencement: 5th July, 1907.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Administration of Estates Act [Chapter 6:01].
2 Interpretation
In 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;
“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;
“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.