Introduction
Estate administration involves dealing with the estate of a deceased person. It entails handling the assets of and claims or liabilities against the estate. It is about the administration and distribution of the deceased estate. One of the important documents in estate administration is what is called the letters of administration. This is the document that I address in this article.
Letters of administration
Sections 23 and 24 of the Administration of Estates Act (Chapter 6:01) or “the Act” apply. According to section 23 of the Act, the estates of all persons dying either testate (with a valid will) or intestate (without a valid will) shall be administered and distributed according to law under letters of administration to be granted by the Master to the testamentary executors duly appointed by such deceased persons (through a will) or to such persons as shall, in default (absence) of testamentary executors, be appointed executors dative to such deceased person. In simple terms, the executor of a deceased estate, whether there is a will or not, is appointed by the Master of the High Court through letters of administration.
In terms of section 24(1) in all cases in which any deceased person has by will or codicil (addendum or supplement to a will) duly appointed any person to be his executor, the Master shall, upon the written application of such executor, forthwith grant letters of administration to him as soon as such will or codicil has been registered in the office of the Master. Put differently, where the deceased person left behind a valid will appointing someone to be the executor of his deceased estate, the person so appointed will then apply to the Master to be issued with the letters of administration. The will by the deceased person ought to be registered with the office of the Master.
According to section 24(2) if the Master questions or another person objects in writing to the appointment of an executor, through the will or codicil, the Master may refuse to issue letters of administration to the would be executor until the validity and legal effect of such will or codicil has been determined by the judgment of some competent court or until such objection has been withdrawn by the person who made it.
According to section 24(3) if the Master or Assistant Master has reason to believe that a would be executor is not resident in Zimbabwe, or that, although the would be executor may at the time of making an application for the letters of administration be within Zimbabwe, he will not remain therein (in Zimbabwe) until he has fully liquidated and settled the estate to be administered by him, the Master or Assistant Master may grant letters of administration to the would executor but shall not deliver those letters of administration to him until:-
- He accepts domicilium citandi (address for service) within Zimbabwe, and
- He nominates and appoints under power of attorney some other person resident in Zimbabwe with full power to act for him in the administration of the estate, and
- He finds sufficient security to the satisfaction of the Master or Assistant Master, for the due and faithful administration by him of such estate.
Contents of letters administration
The following are some of the key contents in the letters of administration document:
- The DR number, being the deceased estate registration or reference number.
- The name of the executor appointed.
- The executor’s address (dominicilium citandi).
- The fact that the person has been appointed the executor of the estate.
- Name of the deceased.
- Place and date of death of the deceased person.
- Signature of the Master.
- Date the letters were issued by the Master.
Conclusion
The administration of deceased estates is an everyday requirement. The letters of administration is one of the key documents required or used.
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, 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.
