(5) Any person who is aggrieved by a decision of the Master to revoke or annul letters of administration in
terms of subsection (2) or (4) may appeal against the decision to th e Court within the time and in the manner
prescribed in rules of court.
[Subsection inserted by section 68 of Act 16 of 1998.]
31 Security for due administration
(1) Every executor dative, assumed executor or curator bonis shall, before he is permitted to enter on the
administration of the estate, find security to the satisfaction of the Master for the due and faithful administration of
the estate to which he has been appointed, for such amount as in the circumstances of each particular case is
reasonable.
(2) Every executor testamentary shall be under the like obligation of finding security, unless—
(a) he is the parent, child or surviving spouse of the deceased testator; or
(b) the testator has specially directed in his will that the Master dispense with such security.
(3) The Master shall allow the reasonable costs of finding security to be charged out of the estate.
(4) The Master may, notwithstanding the provisions of this section, require any executor to furnish security
in a sum not exceeding the liabilities of the estate and any inheritance or legacies bequeathed to third parties.
32 Administration of small estates
(1) If any person dies whose estate is unrepresented and, in so far as the same is in Zimbabwe, appears to the
Master to be under the value of such amount as the Minister may specify in terms of subsection (2), the Master
may—
(a) cause such estate to be administered and distributed in accordance with by an executor dative, to be by
him summarily appointed for that purpose; or
(b) dispense with the appointment of an executor dative and direct how such estate shall be administered
and distributed.
(2) The Minister may, by statutory instrument, specify an amount for the purposes of subsection (1) and may
in like manner revoke or amend any such statutory instrument.
(3) Any person who fails to comply with a direction of the Master in terms of paragraph (b) of subsection (1)
shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not
exceeding three months or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
Foreign Letters of Administration
33 Interpretation in sections 34 to 37
In sections thirty-four to thirty-seven—
“British Consular Court” means any British court having jurisdiction under an order in council made in
pursuance of the Foreign Jurisdiction Act 1890 of the United Kingdom, or any amendment thereof;
“letters of administration” includes every document issued, or a copy of every such document duly certified,
by any lawful and competent judicial or other public authority in any State, under and by which
document any person or body corporate is authorized and empowered to act as the personal
representative of any deceased person, or as executor or administrator, either testamentary or dative,
either of the whole estate of any deceased person which is legally situate in such State or of so much of
such estate so situate as consists of immovable, real or personal property, as the case may be;
“State” includes England, Scotland, Ireland and every British Colony and British Possession, and any
territory whereof the Sovereign of the United Kingdom holds the mandate.
34 Operation of sections 34 to 37 only with regard to letters granted in States specially
proclaimed
This section, as well as section thirty-five, thirty-six and thirty-seven, shall come into force with regard to all
letters of administration at any time granted in any State as and from the date of and during the period, if any,
limited by a notice which the President may see fit to publish in the Gazette declaring such State to come under
the operation thereof, and thereupon such provisions shall continue in force, either until any period so limited as
aforesaid or any notice of the extension thereof in the Gazette has expired, or until a further notice is similarly
published by the President intimating that the said provisions shall no longer apply to letters of administration
granted in such State.
35 Recognition of foreign letters of administration
Whenever letters of administration granted in any State are produced to, and a copy thereof deposited with,
the Master by the person in whose favour such letters of administration have been granted, or his duly authorized
agent, such letters may be signed by the Master and sealed with his seal of office, and shall thereupon be of the
same effect and have as full operation in Zimbabwe with respect to, and the Master shall have the same control
over, the administration of the entire estate of the deceased situate in Zimbabwe as though the said letters had
been letters of administration granted by the Master: