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, Mrs 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
Mrs 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 Mrs
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 Chronicle
0 comments:
Post a Comment