Estates of Persons not Ordinarily Resident in Zimbabwe 67 Estate of person not resident in Zimbabwe (1) In this section— “bank” means a bank registered in terms of the Banking Act [Chapter 24:20]; [Definition revised by Law Reviser.] “building society” means a society registered in terms of the Building Societies Act [Chapter 24:02]; “finance house” means a finance house registered in terms of the Banking Act [Chapter 24:02]; [Definition substituted for former definition of "fina ncial institution" by section 82 of Act 9 of 1999.] “shares” means any part of the share capital of any company and includes debentures, debenture stock or any other like form of marketable security. (2) Upon the death of any person who is neither ordinarily resident within Zimbabwe nor the owner of any property other than— (a) shares in a company or a building society; (b) stocks or any rights to dividends due thereon; (c) moneys invested in participation bonds or any rights to interest thereon; (d) moneys deposited with a bank, building society or finance house or any rights to interest thereon; the Master may summarily and without observance of the usual and customary forms and without requiring security or an account of the administration and distribution of the estate, sign and seal letters of administration produced to him under section thirty-five; or if no such letters are produced, the Master may appoint a person registered under the Estate Administrators Act [Chapter 27:20] to be executor dative to administer the estate of the deceased or dispense with such an appointment and direct the manner in which the estate shall be administered: Provided that before the signing and sealing or appointment or direction— (a) evidence to the satisfaction of the Master is produced that no person in Zimbabwe will be prejudiced; (b) the duty payable in respect of the shares has been paid or secured to the satisfaction of the Master. (3) Upon the death of any person domiciled in the United Kingdom whose only assets in Zimbabwe are shares, the Master or any other person appointed for the purpose by the Minister may, on the filing with him of a certificate of the death of such person, an officially certified copy of the probate or letters of administration in his estate and an inventory showing that the only assets in such estate in Zimbabwe consist of shares, authorize the transfer of such shares to the person entitled thereto, subject to the condition that security for the payment of estate and succession duty and other charges to be assessed by the Master and for the payment of the claims of all creditors of the said estate in Zimbabwe is given to the satisfaction of the Master or other person appointed by the Minister, as the case may be: Provided that no such security shall be required in respect of creditors if a satisfactory affidavit is lodged to the effect that there are none. PART IIIA ESTATES OF P ERSONS SUBJECT TO C USTOMARY LAW (Part IIIA inserted by section 3 of Act No. 6 of 1997.) 68 Interpretation in Part IIIA (1) In this Part “beneficiary”, in relation to a deceased person’s estate, means— (a) a surviving spouse or child of the deceased person; or (b) where the deceased person left no surviving spouse or child, any person who is entitled to inherit any property in the estate in terms of this Part; “estate” includes any immovable property forming part of the estate; “executor” means a person appointed as executor of an estate in terms of section sixty-eight B’; “family”, in relation to a deceased person referred to in subsection (1) of section sixty-eight A, means the persons who are recognised under customary law as constituting the deceased person’s family; “heir”, in relation to a deceased person referred to in subsection (1) of section sixty-eight A, means his heir at customary law; “Master” includes a magistrate or other person designated by the Minister in terms of sixty-eight I; “net estate” means the residue of an estate remaining after the discharge or settlement of the claims of creditors. (2) Any reference in this Part to a share or a fraction of an estate shall be construed as a share or fraction, as the case may be, determined according to value.

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