Introduction
In my article of 30 October 2025 titled “Tackling complaints in estate administration” I explained some of the complaints raised in estate administration, some against estate administrators. I listed the complaints / allegations as:
- Wills being rejected as not reflecting the true wishes of the deceased testator.
- Estate administration allegedly taking too long to finalise.
- Estate administrators allegedly acting without authority, for example when selling estate assets.
- Alleged abuse of estate assets including trust funds realised from the disposal of estate assets.
- Estate administrators allegedly not sharing important information.
Complaints or grievances by estate administrators and insolvency practitioners
In this particular article I focus on the complaints or grievances by estate administrators or insolvency practitioners as a result of some of the challenges they face when carrying out their professional work. These include the following:
- Estate disputes due to the beneficiaries or family members’ lack of understanding of the law.
- Alleged harassment of estate administrators by some disgruntled beneficiaries or family members.
- Alleged harassment of insolvency practitioners, especially by shareholders who will be fighting liquidation, corporate rescue, fighting amongst themselves, resisting any likelihood of dilution of their shareholding or who may still want to control a company under insolvency proceedings.
- Prospective investors in companies under corporate rescue working behind the scenes to cause the removal of a practitioner they consider not aligned to them.
Estate disputes
Estate disputes can range in nature from petty ones to serious ones that even include civil or criminal litigation. Beneficiaries could be fighting each other or the estate administrator. This can be due to several factors such as the following:
- Lack of understanding of the law on estate administration.
- Culture and humanitarian considerations being at cross purposes with the law.
- Beneficiaries feeling left out or disadvantaged.
- Beneficiaries or family members not accepting the contents of a will. It is common hear comments such as “the deceased was my loving spouse / parent and would not write such a will which disadvantages me”. Remember the doctrine of freedom of testation as explained in the Supreme Court case of Chigwada versus Chigwada.
Alleged harassment of estate administrators
It is alleged estate administrator may at times be harassed when they are doing their work. It is reported that this may come in different ways such as the following:
- Harsh communication from beneficiaries or their families.
- Civil legal challenges with no merit.
- Unjustified complaints being made to the Master of the High Court, Council of Estate Administrators and Insolvency Practitioner and in the case of lawyers, reports to the Law Society of Zimbabwe.
- Some estate administrators being reported to the police or other law enforcement agents. It is alleged that estate administrators may even be arrested and prosecuted based on fabricated.
Alleged harassment of insolvency practitioners
Insolvency practitioners include liquidators and corporate rescue practitioners. It is alleged that some of the practitioners face harassment in the following ways:
- Some shareholders, opposing involuntary corporate rescue proceedings, targeting the removal of the corporate rescue practitioner, especially one considered unflinching.
- Some shareholders, fearing issue of new shares and therefore dilution of their shareholding, fighting corporate rescue proceedings or the corporate rescue practitioner.
- Shareholders, who think the corporate rescue practitioner is not aligned to them, possibly more aligned to creditors, fighting the corporate rescue practitioner.
- In some situations, some daring prospective investors or interested parties, may work from behind the scenes to cause the harassment of the corporate rescue practitioner or even his or her removal.
- Fighting can be through unjustified harsh exchanges, civil litigation, complaints to the office of the Master of the High Court, Council of Estate Administrators and Insolvency Practitioners and in the case of legal practitioners, even to the Law Society of Zimbabwe.
- In some extreme situations it is alleged that an insolvency practitioner may be reported to the police or other law enforcement agencies. The hope being that upon his or her arrest he or she can be barred from carrying out his professional duties as part of bail conditions or that the pending criminal matter will justify disqualification or removal of the insolvency practitioner.
Appreciation to the justice delivery system
In my personal view, the justice delivery system has not been used to harass estate administrators or insolvency practitioners. I am aware of such practitioners who have been cleared by the Courts.
Conclusion
It is important for all stakeholders to appreciate that estate administrators and insolvency practitioners are just professionals seeking to do their work for a living. Their alleged ill- treatment or even harassment is not justified. There is more to be gained if shareholders work together. Practitioners are also reminded that they have a duty to act within the confines of the law as they are not above the law.
I rest my case!
Disclaimer
This simplified article is for general information purposes only and does not constitute the writer’s professional advice.
Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons B.Compt (UNISA), CA(Z), ACCA (Business Valuations) MBA(EBS, Heriot- Watt, UK) is the Managing Partner of Hofisi & Partners Commercial Attorneys, chartered accountant, insolvency practitioner, commercial arbitrator, registered tax accountant and advises on deals and transactions. He has extensive experience from industry and commerce and is a former World Bank staffer in the Resource Management Unit. He was recently appointed to sit on the Council of Estate Administrators in Zimbabwe. He writes in his personal capacity. He can be contacted on +263 772 246 900 or ghofisi@hofisilaw.com or gohofisi@gmail.com. Visit www//:hofisilaw.com for more articles.
