Estina Maseko (58) lost her husband in January 2010, after which the deceased’s estate — consisting mainly of a house valued at nearly $25 000 — was registered with the Master of the High Court in line with the provisions of the law.
BY PHILLIP CHIDAVAENZI
This was to mark the beginning of long haul of complex legal processes that would transcend the next five years.
After having deposed a copy of her husband’s death certificate and their marriage certificate with the Master of the High Court, her son was appointed executor of the estate at an edict meeting.
The executor was then issued with Letters of Administration, a legal document authorising him to gather the deceased’s property, including collecting his dues, for the purposes of estate administration.
For a long time, however, he struggled to draft the first and final liquidation and distribution account until he gave up and started ignoring the letters from the Master. The law is the final authority
Master of the High Court, Eldard Mutasa, however told NewsDay in a wide-ranging interview last week that people have to respect the law.
He said the law is meant to protect the immediate family of the deceased from vultures who may want to pounce on the estate. Mutasa said anyone using a deceased relative’s property without his authorisation can be jailed.
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“People should register deceased’s estates. Failure to register has been criminalised,” he said.
He said some people are influenced by relatives to avoid the legal process while others want to avoid paying the fees legally due to government.
The money is enough to buy another house.
Mutasa however said while the figure is exorbitant, his office simply sticks to the legal provisions.
“It’s the legislature that comes up with the laws, so it’s not our fault,” he said.
He said the liquidation process is not expensive if wrapped up timeously (within six months).
He said fights among family members over the deceased person’s estate often lead to delays in finalising estates.
“We have noticed that sometimes spouses or children of the deceased do not register estates because they fear that this will give outsiders an opportunity to make some claims from the estate but this is wrong,” he said.
The deceased’s family is protected by law Mutasa said once a person dies, their estate must be registered within 14 days, preferably by the surviving spouse.
“We have cases whereby a spouse knows there is maybe $5 000 in the deceased’s account and if she has access to the ATM, she can withdraw money and the next thing you know there is just $1 000,” he said.
He said in cases of emergency were finances are required urgently the surviving spouse can be issued with a letter authorising them to access part of the funds.
“But if someone becomes a nuisance, then the executor has to intervene.”
Choice of executor critical The executor is appointed during the edict meeting by the family of the deceased to manage the estate until it is successfully wound up as provided for by the law. He is appointed where the estate is worth over $2 000.
“In the event that the family fails to agree on whom to appoint the executor, in cases where the deceased left no will, the Master appoints a neutral executor,” Mutasa said.
He said families had to be cautious on their choices because the executorial role required “utmost good faith” because the executor has access to deceased’s entire properties and bank accounts. He said an unscrupulous executor may end up illegally disposing of some properties and dipping his fingers into the deceased’s financial coffers.
“Once an executor is appointed, it is very difficult to remove him,” Mutasa said.
Availability of Will makes execution easier Mutasa encouraged people to write Wills, which would make it easier to distribute the estate.
A Will — also known as a testament — is a legal declaration by which a person names someone to manage his estate and provides for the distribution of his property upon death. Mutasa said it is disturbing that the majority of Zimbabweans are not writing Wills.
He said if there is no Will, the estate is distributed in terms of the Deceased Estates Succession Act in cases if the deceased was subject to general law. If they were subject to customary law, distribution is done according to the Administration of Estates Act. In some circles, particularly churches, women take comfort in that their marriage certificates issued under Chapter 5:11, he said, are sufficient to guarantee their “automatic inheritance” after their husbands die.
“Of course the marriage certificates helps because it establishes the widow’s status and confers certain rights to her, but that is not enough,” Mutasa said.
He warned people against “disinheriting” girl children, whom he said were also entitled to some inheritance.
