The Administration of Estates Amendment Act, 2024

Introduction

The Administration of Estates Act [Chapter 6:01] has long been the cornerstone of estate administration in Zimbabwe, governing the management and distribution of deceased estates, as well as the protection of assets belonging to minors, mentally incapacitated persons, and absent individuals. However, over time, the legal and administrative landscape has evolved, revealing gaps and inefficiencies in the existing framework. The need for modernization, increased transparency, and enhanced accountability in the administration of estates has become increasingly apparent, prompting the introduction of the Administration of Estates Amendment Act, 2024. The Administration of Estates Amendment Act, 2024, which was gazetted on 22 November 2024, represents a significant overhaul of the estate administration system in Zimbabwe. The Act became operational on the 24th of February 2025, following the gazetting of the operational date through Statutory Instrument 12 of 2025.

The Administration of Estates Amendment Act, 2024 (hereinafter referred to as the "Amendment Act") introduces significant changes to the Administration of Estates Act [Chapter 6:01] (hereinafter referred to as the "Principal Act"). The Amendment Act aims to modernize and streamline the administration of estates in Zimbabwe, particularly by establishing a new governance structure for the Master’s Office, enhancing the oversight of executors, and introducing new procedural requirements for the management of estates. This article provides a detailed analysis of the key changes introduced by the Amendment Act and contrasts them with the provisions of the Principal Act.

1.  Establishment of the Master’s Office Board

Key Changes:

·         Section 4A of the Amendment Act establishes the Master’s Office Board (hereinafter referred to as the "Board"), a new corporate body responsible for the administration and supervision of the Master’s Office. The Board is composed of a chairperson, the Master (ex officio), and up to seven appointed members with expertise in various fields, including deceased estates, legal practice, accounting, human resources, and information technology.

·         The Board’s functions, as outlined in Section 4B, include determining policies for the Master’s Office, employing staff, handling complaints, and exercising disciplinary powers. The Board is also empowered to establish committees, such as an Investment Committee, to assist in its functions (Section 4E).

·         The Board is granted significant autonomy, subject only to policy directions from the Minister (Section 4D). It is also required to submit annual reports to the Minister, who must lay them before Parliament (Section 4C).

Contrast with the Principal Act:

·         Under the Principal Act, the Master’s Office was a public office forming part of the Public Service, with the Master and other officers performing their functions under the direction of the Master (Section 3). The Amendment Act transforms the Master’s Office into a body corporate with its own governance structure, separate from the Public Service. This change grants the Master’s Office greater independence and operational flexibility.

·         The Principal Act did not provide for a Board or any similar governance structure. The Amendment Act introduces a formalized oversight mechanism, which is expected to improve accountability and efficiency in the administration of estates.

2.  Appointment and Removal of Executors

Key Changes:

·         Section 26 of the Amendment Act introduces a new procedure for the appointment of executors dative. The Master must now apply to the High Court for a provisional order appointing an executor dative, supported by an affidavit detailing the reasons for the proposed appointment. The High Court must confirm the provisional order unless there is a valid objection from interested parties. Under the new Section 26, the appointment of executors dative now requires High Court approval. This means that executors are vetted by the court, reducing the likelihood of unqualified or unsuitable individuals being appointed. For ordinary people, this ensures that their loved ones' estates are managed by competent and trustworthy individuals.

·         Section 117 of the Amendment Act provides a new procedure for the removal of executors, tutors, or curators. The Master may apply to the High Court for the removal of an executor on grounds such as incompetence, incapacity, or unsuitability. The executor must vacate their office pending the outcome of the application.

Contrast with the Principal Act:

·         Under the Principal Act, the Master had the authority to appoint executors dative without requiring court approval (Section 26). The Amendment Act introduces judicial oversight, ensuring that the appointment of executors is subject to scrutiny by the High Court.

·         The Principal Act allowed the Master to remove executors, tutors, or curators without a formal court process (Section 117). The Amendment Act mandates a court application, providing greater protection for executors against arbitrary removal.

3.  Guardian’s Fund and Investment of Funds

Key Changes:

·         The Guardian’s Fund, which holds money for minors, mentally incapacitated persons, and absent beneficiaries, is now subject to stricter oversight. The Board must approve investments from the Fund (Section 106), and the Fund’s accounts must be audited by the Auditor-General or a contracted public auditor (Section 108). This ensures that the money held in the Fund is managed responsibly and transparently.

·         Section 97 of the Amendment Act redefines the Guardian’s Fund, which is now administered by the Master on behalf of the Board. The Minister may issue policy directions regarding the administration of the Fund.

·         Section 106 of the Amendment Act introduces a new requirement for the Master to obtain Board approval before making investments from the Guardian’s Fund. The Board may establish an Investment Committee to oversee these investments.

·         Section 108 of the Amendment Act mandates that the books and securities of the Guardian’s Fund be audited by the Auditor-General or a contracted public auditor. The audit report must be submitted to the Minister.

Contrast with the Principal Act:

·         Under the Principal Act, the Master had sole authority to invest funds from the Guardian’s Fund without requiring approval from any other body (Section 106). The Amendment Act introduces a layer of oversight, ensuring that investments are made in a transparent and accountable manner.

·         The Principal Act did not explicitly require the Guardian’s Fund to be audited by the Auditor-General. The Amendment Act introduces a formal audit requirement, enhancing the accountability of the Fund’s management.

4.  Sale of Estate Property Otherwise Than by Auction

Key Changes:

·         Section 120 of the Amendment Act introduces a new procedure for the sale of estate property otherwise than by public auction. The executor must apply to the Master, who may authorize the sale if it is in the best interests of the estate. The executor must then apply to the High Court for a provisional order, which must be confirmed by the court.

·         This ensures that property is not sold at undervalued prices or in a manner that disadvantages beneficiaries. Ordinary people who are heirs or beneficiaries of an estate can be assured that the sale of property will be conducted fairly and in their best interests.

Contrast with the Principal Act:

·         Under the Principal Act, the Master had the authority to authorize the sale of estate property without requiring court approval (**Section 120**). The Amendment Act introduces judicial oversight, ensuring that such sales are conducted in a manner that protects the interests of the estate and its beneficiaries.

5.  Transitional Provisions

Key Changes:

·         Section 133 of the Amendment Act provides for the transition of staff from the Judicial Service Commission to the Master’s Office. Employees transferred to the Master’s Office retain their terms and conditions of service, and any ongoing disciplinary or promotion proceedings continue as if they were still employed by the Judicial Service Commission.

Contrast with the Principal Act:

·         The Principal Act did not contain any transitional provisions. The Amendment Act ensures a smooth transition of staff and assets to the new governance structure of the Master’s Office.

6.  Regulatory Powers of the Master’s Office

Key Changes:

·         Section 132 of the Amendment Act grants the Master’s Office the power to make regulations governing the administration of estates, the payment of fees, and the conditions of service for employees. These regulations must be approved by the Minister and published in the Gazette.

Contrast with the Principal Act:

·         Under the Principal Act, the Minister had the authority to make regulations (Section 132). The Amendment Act delegates this power to the Master’s Office, reflecting the increased autonomy of the Office under the new governance structure.

Key takeaways

·         The Amendment Act establishes a Master’s Office Board (Section 4A), a corporate body responsible for overseeing the operations of the Master’s Office.

·         The appointment of executors dative now requires High Court approval (Section 26). The Master must apply to the court for a provisional order, supported by an affidavit, and the court must confirm the appointment unless there is a valid objection.

·         The sale of estate property otherwise than by public auction now requires court approval (section 120).

Conclusion

The Administration of Estates Amendment Act, 2024 introduces significant reforms to the administration of estates in Zimbabwe. By establishing the Master’s Office Board, the Amendment Act enhances the governance and accountability of the Master’s Office. The introduction of judicial oversight in the appointment and removal of executors, the sale of estate property, and the investment of funds from the Guardian’s Fund ensures that these processes are conducted in a transparent and accountable manner. The transitional provisions ensure a smooth transition to the new governance structure, while the regulatory powers granted to the Master’s Office reflect its increased autonomy.

These changes represent a significant departure from the provisions of the Principal Act, which lacked a formal governance structure and relied heavily on the discretion of the Master. The Amendment Act modernizes the administration of estates in Zimbabwe, bringing it in line with international best practices and ensuring greater protection for the interests of beneficiaries and creditors.