Everything You Need to Know About Writing a Will as a Property Owner in Zimbabwe

Your home may be your most valuable asset but have you decided who will inherit it?

Many Zimbabweans spend decades building wealth through real estate, yet surprisingly few have a legally valid will. The result? Families are often left navigating lengthy legal processes, inheritance disputes, and uncertainty during an already emotional time.

Whether you own a single family home, several investment properties, or undeveloped land, a properly drafted will is one of the most important financial documents you will ever prepare.

Here's everything every Zimbabwean property owner needs to know.

What Is a Will?

A will is a legally binding document that sets out how your assets should be distributed after your death.

For property owners, it allows you to specify:

• Who inherits your home.
• Who receives your investment properties.
• How land should be divided.
• Who will administer your estate.
• How minor children should be provided for.
• Any special instructions regarding your assets.

In Zimbabwe, wills are primarily governed by the Wills Act [Chapter 6:06].

Why Every Property Owner Needs a Will

Without a valid will, your estate does not automatically pass according to your family's expectations.

Instead, it is distributed under Zimbabwe's Deceased Estates Succession Act [Chapter 6:02], with the estate administered under the Administration of Estates Act [Chapter 6:01].

This means the law not you determines how your estate is distributed. A will allows you to remain in control.

What Property Can You Include in Your Will?

Almost every form of property can be included, including:

• Your primary residence.
• Residential stands.
• Farms.
• Commercial buildings.
• Investment properties.
• Holiday homes.
• Undeveloped land.
• Sectional title units.
• Shares in property owning companies.
• Leasehold interests (where legally transferable).

You should clearly identify each property to avoid confusion.

What Makes a Will Legally Valid?

Under Zimbabwean law, a valid will must comply with the requirements of the Wills Act [Chapter 6:06]. Although every situation is different, a valid will generally requires:

• The person making the will (the testator) to have legal capacity.
• The will to clearly express the testator's intentions.
• Compliance with the legal execution and witnessing requirements prescribed by law.
• The absence of fraud, coercion or undue influence.

Because technical errors can invalidate a will, professional legal advice is highly recommended.

Who Can Inherit Your Property?

One of the biggest misconceptions is that property can only be left to close family members. In reality, you may leave your property to almost anyone, including:

• Your spouse.
• Your children.
• Grandchildren.
• Brothers and sisters.
• Friends.
• A caregiver.
• A charity.
• A church or community organisation.

A properly drafted will gives you significant freedom over how your estate is distributed.

Choosing an Executor

An executor is responsible for administering your estate after your death. Their responsibilities include:

• Reporting the estate to the Master of the High Court.
• Identifying estate assets.
• Paying lawful debts.
• Transferring property.
• Distributing inheritances.

Choose someone who is:

• Honest.
• Organised.
• Financially responsible.
• Capable of acting impartially.

Many Zimbabweans appoint an experienced legal practitioner or trust company as executor.

If You Own More Than One Property

Property investors should be especially careful when drafting a will. Consider including:

• Which beneficiary receives each property.
• Whether any properties should be sold.
• Instructions regarding rental income.
• Outstanding mortgages.
• Existing lease agreements.
• Property management arrangements.

Clear instructions reduce uncertainty for both beneficiaries and tenants.

Common Mistakes Property Owners Make

Estate disputes often arise because people:

• Never write a will.
• Forget to update an old will.
• Fail to identify properties accurately.
• Choose unsuitable executors.
• Leave contradictory instructions.
• Assume their family will "work it out."

These mistakes can delay estate administration and increase legal costs.

When Should You Update Your Will?

A will should be reviewed whenever there is a major life event, including:

• Marriage or remarriage.
• Divorce.
• The birth or adoption of children.
• Buying or selling property.
• Starting or selling a business.
• The death of a beneficiary or executor.

As a general rule, review your will every three to five years.

What Happens If You Die Without a Will?

If you die intestate, your estate will be distributed according to the Deceased Estates Succession Act [Chapter 6:02]. Your family may not inherit property in the way you expected.

This is particularly important for:

• Blended families.
• Second marriages.
• Property investors.
• Business owners.
• Parents of young children.

Having a will gives certainty where the law otherwise provides a default framework.

Zimbabwe's Rising Property Values Make Estate Planning More Important

Property remains one of Zimbabwe's most valuable long term investments. According to the Property.co.zw 2025 Real Estate Market Report:

• Average house prices increased by 14.3% year on year.
• Borrowdale's average asking price is approximately US$495,000.
• Mount Pleasant averages nearly US$480,000.
• Demand continues to exceed supply in many high value suburbs.

With the national housing backlog exceeding 1.5 million homes, residential property continues to appreciate in value, making proper succession planning increasingly important.

Your Property Will Checklist

Every property owner should ask:

• Do I have a legally valid will?
• Have I listed every property I own?
• Are my beneficiaries clearly identified?
• Have I appointed an executor?
• Have I updated my will after recent life events?
• Does my family know where my original will is kept?

If you cannot answer "Yes" to all of these questions, it may be time to review your estate plan.

The Bottom Line

Writing a will is not about preparing for death it's about protecting the people and property you've worked so hard to build.

Whether you own your first home, multiple rental properties, commercial buildings or land for future development, a professionally prepared will helps ensure your wishes are respected and reduces the likelihood of costly family disputes.

The best time to prepare a will is before your family ever needs it.