How to Write a Will in Zimbabwe

Protect your family and assets with a legally valid will

Why Every Zimbabwean Needs a Will

A will (also called a last will and testament) is a legal document that directs how your assets should be distributed after your death. In Zimbabwe, most people die without a will — leaving their families to navigate complex legal processes, potential disputes, and a distribution of assets that may not reflect the deceased’s wishes.

Writing a will is not just for the wealthy. If you own a house, have savings, run a business, or have children, a will ensures your assets go to the people you choose, in the proportions you decide, managed by an executor you trust.

Legal Requirements for a Valid Will in Zimbabwe

Under the Wills Act (Chapter 6:06), a will must meet these requirements to be legally valid:

  1. Written form — The will must be in writing (typed or handwritten)
  2. Signed by the testator — You must sign at the end of the will. If you cannot sign, you may make a mark or have someone sign on your behalf in your presence and by your direction
  3. Two witnesses — At least two competent witnesses must be present at the same time and witness your signature. They must then sign the will themselves
  4. Capacity — You must be at least 16 years old and of sound mind
  5. Free will — You must be acting voluntarily, without undue influence or coercion
Critical Rule: A witness to your will (or their spouse) CANNOT be a beneficiary. If a witness is also named as a beneficiary, their inheritance is void. Always use independent witnesses who have no interest in the estate.

What to Include in Your Will

  • Personal details — Full name, ID number, date of birth, and address
  • Revocation clause — Statement revoking all previous wills
  • Executor appointment — Who will administer your estate (and an alternate executor)
  • Guardian appointment — Who will care for your minor children
  • Asset distribution — Specific bequests (e.g., “my house to my wife”) and residuary estate (everything else)
  • Funeral wishes — Your preferences for burial or cremation
  • Trust provisions — If leaving assets to minors, set up a testamentary trust with a trustee
  • Substitution clause — Alternative beneficiaries if the primary beneficiary predeceases you

Dying Without a Will — Intestate Succession

If you die without a valid will in Zimbabwe, the Deceased Estates Succession Act (Chapter 6:02) determines how your estate is distributed. The rules depend on your type of marriage:

Marriage TypeDistribution Rules
Civil marriage (Marriages Act)Surviving spouse inherits the matrimonial home (or right of residence) plus a share of the remaining estate. Children share the balance equally.
Customary marriage (Customary Marriages Act)Estate distributed according to customary law of the relevant community. Typically the eldest son inherits the bulk of the estate.
Unregistered customary unionMore complex — surviving partner may need to prove the relationship existed. Children from the union do inherit.
No spouse or childrenParents inherit. If no parents, siblings. If no siblings, extended family according to the order of succession.
Important: The Deceased Estates Succession Act overrides customary law in many respects to protect surviving spouses and children. However, a will gives you far more control over the distribution of your assets.

Choosing an Executor

Your executor is the person responsible for administering your estate after your death. Choose carefully:

  • Trustworthy and capable — They will handle your finances and deal with banks, ZIMRA, and beneficiaries
  • Available — If they live abroad, consider appointing someone local as well
  • Willing — Always ask someone before naming them as executor
  • Professional option — You can appoint a law firm, bank trust department, or professional executor

The executor must report to the Master of the High Court, prepare an estate account, pay debts and taxes, and distribute the remaining assets to beneficiaries.

Estate Administration Process in Zimbabwe

  1. Report the death — Report to the Master of the High Court within 14 days
  2. File the will — Submit the original will to the Master
  3. Letters of Executorship — The Master issues Letters of Executorship to the appointed executor
  4. Advertise for creditors — The executor publishes notices in the Government Gazette and a newspaper
  5. Prepare the estate account — List all assets and liabilities
  6. Pay debts and taxes — Including any income tax owed by the deceased
  7. Distribute to beneficiaries — Transfer assets as directed by the will
  8. File final account — Submit the Liquidation and Distribution Account to the Master

Revoking or Changing a Will

You can change your will at any time during your lifetime:

  • Codicil — A formal amendment that adds to or modifies the existing will. Must be signed and witnessed like the original will.
  • New will — Execute an entirely new will with a clause revoking all previous wills. This is usually cleaner than multiple codicils.
  • Destruction — Physically destroying the will with the intention to revoke it.

Costs

ServiceEstimated Cost (USD)
Simple will (single person)$50 – $150
Joint/mirror wills (married couple)$100 – $250
Complex will (trusts, multiple properties)$200 – $500
Codicil (amendment)$50 – $100
Deposit with Master of High CourtFree

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Frequently Asked Questions

What are the requirements for a valid will in Zimbabwe?
Under the Wills Act, a valid will must be in writing, signed by the testator at the end, and signed by at least two competent witnesses present at the same time. The testator must be at least 16 years old and of sound mind.
What happens if you die without a will in Zimbabwe?
Your estate is distributed according to the Deceased Estates Succession Act or customary law depending on the type of marriage. The distribution may not reflect your wishes.
Can a will be changed after it is signed?
Yes. You can execute a codicil (amendment) or revoke the old will and create a new one. Both codicils and new wills must meet the same signing and witnessing requirements.
Where should I keep my will in Zimbabwe?
You can deposit your will with the Master of the High Court for free, keep it with your lawyer, or store it in a bank safe deposit box. Always inform your executor and a trusted family member where the original is kept.