(i) notwithstanding any such registration all questions as to the validity and legal effect of every such deed
shall be reserved and remain for the decision of the High Court;
(ii) where such deed has been deposited with the Master or Assistant Master previous to the death of the
maker thereof, the Master or Assistant Master, as the case may be, shall cause the duplicate or copy
deposited with the said deed to be examined and compared with the original, and if need be corrected,
and shall authenticate such duplicate or copy with his signature, and shall transmit the same if the
deceased ordinarily resided at the time of his death in any district other than the district of Bulawayo or
Harare, to the magistrate for such first-mentioned district, and the said magistrate shall cause the same to
be filed and registered.
[Section amended by section 4 of Act 12 of 1997.]
Inventories
12 Inventory of estate in community
(1) When one of two spouses who have been married in community of property dies, the survivor shall,
within thirty days after the death of the deceased, cause an inventory of all property, goods and effects, movable
and immovable, of what kind soever which, at the time of the death, formed part of or belonged to the estate
possessed in community between the predeceasing and surviving spouses, to be made in the presence of two
impartial witnesses, being persons of good credit and repute, and of such persons having an interest in the
distribution of the joint estate as heirs or legatees of the predece ased spouse as may attend.
(2) Every such inventory shall be subscribed by the surviving spouse and witnesses aforesaid and such heirs
or legatees as are present at the making thereof.
(3) Without derogation from section thirteen, a surviving spouse who fails to cause an inventory to be made
in terms of this section 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 inserted amended by section 4 of Act 22 of 2001.]
13 Penalty on omission of inventory
(1) Every surviving spouse who wilfully neglects to cause an inventory of the joint estate to be made in
manner and within the period hereinbefore provided, or knowingly omits to enter in such inventory any article of
property of whatsoever kind, shall, in the distribution of such estate, forfeit all right to and share in anything
which may accrue to the joint estate after the death of the predeceasing spouse and in and to such property so
omitted in the inventory.
(2) Every loss which has been caused by the destruction or deterioration of any such property so omitted in
the inventory, or which has accrued to the joint estate after the death of the predeceasing spouse by the loss or
deterioration of any part thereof, shall, in the distribution of the estate, fall upon and be borne by such surviving
spouse solely and exclusively.
(3) Nothing in this section contained shall free or exempt any person who wilfully, or for any fraudulent
purpose, makes or causes to be made any false inventory of any such joint estate from any penalty or punishment
hereinafter or by any other law provided with respect to the offence of making false inventories.
14 Inventory on the death of person not married in community
(1) On the death of any person not being one of two spouses married in community of property, the wife or
husband of the deceased or, in default or absence of the wife or husband, the child or children of the deceased or,
in default, absence or minority of the child or children, the next of kin of the deceased or, in default, absence or
minority of the next of kin, the person who at or immediately after the death has the chief charge of the house in
or of the place on which the death occurs shall, within fourteen days after the death, make or cause to be made in
the presence of two impartial witnesses, being persons of good credit and repute, an inventory of all goods and
effects belonging to the deceased and being in the house or upon the premises at the time of death, and of all other
goods and effects known by the person making such inventory or causing such inventory to be made to have
belonged to the deceased.
(2) Every such inventory shall be subscribed by the person making or causing the same to be made and by
the witnesses aforesaid.
(3) Any person who fails to make an inventory in terms of this section or to cause such an inventory to be
made 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 inserted by section 4 of Act 22 of 2001.]
15 Transmission to Master, Assistant Master or magistrate
(1) Every person hereinbefore required or directed to make, or cause to be made, any such inventory as
aforesaid shall, so soon as the same has been made, forthwith deliver or transmit every such inventory—
(a) if such person resides in Harare or the district thereof, to the Master;
(b) if such person resides in Bulawayo or the district thereof, to the Assistant Master;