ADMINISTRATION OF ESTATES ACT
Chapter 6:01
41 Liability in certain cases for debts and legacies
If—
(a) before letters of administration are granted by the Master to any
executor for the administration of any estate, any person takes
upon himself to administer, distribute or in any manner dispose
of such estate or any part thereof, except in so far as may be
authorized by a competent court or by the Master or may be
absolutely necessary for the safe custody or preservation
thereof or for providing a suitable funeral for the deceased or for
the subsistence of the family or household or livestock left by the
deceased; or
(b) any person to whom letters of administration have been granted
administers, distributes or in any manner disposes of any
property or effects belonging to the estate of which he is the
executor, and which
have not been contained in the
inventory or inventories of such estate lodged with the Master
prior to the granting of the said letters of administration, or are
not contained in any inventory or additional inventory made by
him and transmitted by him to the Master in terms of section
thirty-eight;
every
such person shall thereupon become personally liable to pay to the creditors and legatees of the
deceased all debts due by the deceased at the time of his death or which have thereafter become due by his
estate, and all legacies left by the deceased in so far as the proceeds and assets of such estate are insufficient
for the full payment of such debts and legacies:
42 Duty of person in possession of assets of estate of deceased
person
Every person not being the executor of the estate of a deceased
person duly appointed in Zimbabwe who has or comes into
possession or custody of any property or asset belonging to such
estate shall forthwith either deliver such property or asset to the duly
appointed executor, if any, then being in Zimbabwe or report the
particulars thereof to the Master; and if such first-mentioned person
fails to do so, or parts with any such property or asset to any person
not authorized by the Master by letters of administration or other
direction to receive the same, he shall, apart from any other liability
he may incur thereby, be liable for all dues payable to the public
revenue in respect of such property or asset.
43 Public notice by executors to creditors and others to lodge
their claims
Every executor shall, so soon as he has entered on the
administration of the estate, forthwith cause a notice to be published
in the Gazette and in some newspaper published or circulating in the
district in which the deceased ordinarily resided, calling upon all
persons having claims due, or not yet due, as creditors against the
deceased or his estate, to lodge the same with such executor within
such period from the date of publication thereof as is therein
specified, not being less, save and except as in section sixty-six is
provided, than thirty days or more than three months, as in the
particular circumstances of each case is by the executor deemed
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