(ii) a share in the remainder of the net estate determined in accordance with the Deceased Estates
Succession Act [Chapter 6:02];
(e) where the deceased person was a woman whose husband at the time of her death had more than one
wife, and she is survived by her husband and had one or more children—
(i) one-third of her net estate should devolve upon her husband; and
(ii) the remainder of her estate should devolve upon—
A. her child; or
B. her children in equal shares;
as the case may be, and any of their descendants per stirpes;
(f) where the deceased person is not survived by a spouse or child, the net estate should devolve upon his
surviving parents, brothers and sisters, if any, in equal shares;
(g) where the deceased person is survived by one spouse but no children—
(i) the surviving spouse should get—
A. ownership of or, if that is impracticable, a usufruct over, the house in which the
spouse lived at the time of the deceased person’s death, together with all the household
goods in that house; and
B. half the remainder of the net estate;
(ii) the balance of the net estate should devolve upon the deceased person’s surviving parents,
brothers and sisters, if any, in equal shares;
(h) where the deceased person is not survived by a spouse and had one or more children, the net estate
should devolve upon—
(i) that child; or
(ii) those children, in equal shares;
as the case may be, and any of their descendants per stirpes;
(i) so far as possible, the net estate should be applied to meeting the basic needs of beneficiaries who have
no other means of support;
(j) subject to paragraphs (a) to (i), the net estate should devolve according to customary law.
68G Determination of whether customary law applied to deceased person
(1) Section 3 of the Customary Law and Local Courts Act [Chapter 7:05] shall apply in determining the
question whether or not customary law applied to a deceased person for the purposes of this Part:
Provided that it shall be presumed, unless the contrary is shown, that—
(a) customary law applied to a person who, at the date of his death, was married in accordance with
customary law; and
(b) the general law of Zimbabwe applied to a person who, at the date of his death, was married in
accordance with the Marriage Act [Chapter 5:11] or the law of a foreign country, even if he was also
married to the same person under customary law.
(2) Where there is a dispute among the beneficiaries of an estate as to whether or not customary law applied
to the deceased person for the purposes of this Part, the question shall be referred to the Master, who shall
determine it in the speediest and least expensive manner consistent with real and substantial justice.
68H Exemption of small estates from provisions of this Part
Without derogation from section sixty-five, if the Master is satisfied that the net value of any estate does not
exceed such amount as may be prescribed, he may exempt the estate concerned from all or any of the provisions
of this Part.
68I Designation of persons to perform functions of Master
The Minister may, by notice in the Gazette, designate—
(a) any magistrate or class of magistrates; or
(b) any other person or class of persons;
as persons entitled to perform, subject to such conditions as may be specified in the notice, all or any of the
functions of the Master in terms of this Part.
68J Appeals against decisions of Master
Any person who is aggrieved by any decision of the Master in terms of this Part may appeal against the
decision to the High Court within the time and the manner prescribed in rules of court.
68K No derogation from Cap. 6:03
This Part shall not be construed as limiting the right of any person to apply for, receive or enjoy any benefit
under the Deceased Persons Family Maintenance Act [Chapter 6:03]
(Part IIIA inserted by section 3 of Act No. 6 of 1997.)
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