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Nqobile Tshili/Ashley Phiri, Chronicle Writers

LEGAL experts have warned that occupying a property after the owner’s death without proper notification to the Master of High Court is illegal. 

Families commonly reside in homes of their deceased relatives, but the neglect of registering the deceased’s estate is a criminal offence. 

Failure to comply with the requirement could lead to serious legal repercussions, including a fine or jail sentence of up to one year, or both, underscoring the gravity of adhering to this legal condition.

Prominent Bulawayo-based legal expert, Ms Patience Nkomo,  said in terms of Section 5 of the Deceased Estates Act, it is a criminal offence for any relative of a deceased person or any person who at or immediately after the death has the chief charge of the house in or of the place on which the death occurred to not notify the Master of the High Court of the death of any person who died leaving any property in possession. 

“In short, residing in a house registered in the name of a deceased person whose estate is not registered is a criminal offence in terms of the laws of Zimbabwe,” said Ms Nkomo.

She said registration of a deceased estate should be initiated within 14 days of the death of the property owner. 

Despite the legal mandate, she said there is a conspicuous absence of prosecution records for those who fail to comply with this requirement. 

The gap in law enforcement raises questions about the practical application of the statute and its implications for legal heirs.

“In reality, there are few known cases of criminal prosecution in terms of the above provision, but this does not do away with the need to comply with the same. 

“Communities clearly are unaware of the repercussions of not registering an estate and out of ignorance continue to reside in properties of deceased persons without notifying the Master of the High Court in clear violation of the law,” said Ms Nkomo.

She said there is a general lack of understanding of the importance of registering an estate, especially to the potential beneficiaries. 

“Registering an estate ensures that beneficiaries legally handle the deceased’s assets registered in the deceased’s name. Registering an estate also protects the assets of the estate from being abused or being grabbed,” she said.

Mr Khumbulani Matema, another legal expert, warned that registration of a deceased estate is not just a procedural formality, but a legal necessity. 

Non-compliance, he said, is a serious criminal offence.

“The following persons can register an estate; surviving spouse, any member of the family or any person connected to the estate like creditors can register an estate. The charges to wind down an estate are minimal and largely depend on the value of the assets left behind by the deceased,” said Mr Matema.

He said the process of settling an estate is a meticulous one that typically spans six months to a year. This timeframe is essential to ensure that all aspects of the estate are resolved in accordance with legal standards, underscoring the importance of a thorough approach to estate administration.

“The time largely depends on the size and complexity of the estate. Complex estates take longer. In such instances, members of the public are urged to approach professional executors to guide them on the winding of the estate. 

“People are also urged to plan their afterlife by documenting their thoughts in the form of a will. Members of the public are urged to approach estate planners to guide them on drafting and safe keeping of such important documents,” he said.

Mr Matema said failure to do so can be costly to the immediate family as they might not have control over the assets.

“The rules of intestacy may not go according to your wishes. Your spouse may be forced to sell the family home in order to share with the other beneficiaries,” said Mr Matema.

Mr Dictor Khumalo, head of Housing and Community Services at Bulawayo City Council, said they frequently encountered cases involving individuals seeking to transfer house ownership. 

These instances highlight the ongoing challenges and complexities surrounding property rights and ownership within the city.

“We come across a lot of these problems where individuals will come and say we must transfer a deceased estate to a family member. But  we refer them to the High Court which handles the distribution of property of a deceased individual. We just follow what the Master of the High Court would have determined. But we have seen a lot of people coming to us out of ignorance and we tell them to go to the High Court,” said Mr Khumalo.

“Firstly, a deceased estate must be registered with the Master of the High Court within six weeks. After registering, an inventory of all the deceased assets is compiled and subsequently distributed among the  surviving spouse and  children. After distribution, the process of updating or changing ownership of property can be done.”

Bulawayo United Residents Association chairperson Mr Winos Dube said there is general lack of knowledge of the need to register deceased estates.

“I think  the Government and the relevant ministry need to do an extensive education campaign on the requirements to register a deceased estate. 

“It is an urgent matter that needs to be tackled because some people are losing properties to unscrupulous individuals who understand the law and take advantage of the ignorance of residents.

“Some people don’t see the need to register an estate as they would culturally say  ‘this is my house as it was left by my late father’, so there is nothing to fuss about,” said Mr Dube.–@nqotshili