24 Letters of administration to executors as appointed by will
(1) In all cases in which any deceased person has by will or codicil duly appointed any person to be his
executor, the Master shall, upon the written application of such executor, forthwith grant letters of administration
to him as soon as such will or codicil has been registered in the office of the Master.
(2) If it appears to the Master, or if any person by writing lodged with the Master objects, that any will or
codicil by virtue whereof any person claims to be the testamentary executor of any person deceased is not in law
sufficient to warrant and support such claim, then and in every such case letters of administration may be refused
by the Master until the validity and legal effect of such will or codicil has been determined by the judgment of
some competent court or until such objection as aforesaid has been withdrawn by the person by whom the same
was made or until such person has had sufficient time to apply to such court as aforesaid for an order restraining
the issue of letters of administration:
Provided that letters of administration shall not be granted to any such executor as aforesaid who at the time
of making such written application is or resides outside Zimbabwe.
(3) If the Master or Assistant Master has reason to believe that any such last-mentioned executor is not
resident in Zimbabwe, or that, although he may at the time of making such application be within Zimbabwe, he
will not remain therein until he has finally liquidated and settled the estate to be administered by him, the Master
or Assistant Master, as the case may be, may grant letters of administration to such executor but shall not deliver
those letters of administration to him until—
(a) he accepts domicilium citandi within Zimbabwe; and
(b) he nominates and appoints under power of attorney some other person resident in Zimbabwe with full
power to act for him in the administration of the estate; and
(c) he finds sufficient security to the satisfaction of the Master or Assistant Master, as the case may be, for
the due and faithful administration by him of such estate.
25 Appointment of executor
(1) When any person has died without having by any valid will or codicil appointed any person to be his
executor, or where any person duly appointed to be the executor of any deceased person has predeceased him or
refuses or becomes incapacitated to act as such, or within such reasonable time as the Master considers sufficient,
neglects or fails to obtain letters of administration, then and in every such case the Master shall cause to be
published in the Gazette, and in such other manner as to him seems fit, a notice calling upon the surviving spouse,
if any, and the next of kin, legatees and creditors of the deceased to attend at his office, at the time therein
specified, to see letters of administration granted to such person or persons as may then be appointed by him
executor or executors, to the estate of such deceased person.
(2) When it appears to the Master necessary or expedient so to do, he may in such notice call upon such
persons as aforesaid to attend before any magistrate, at such time and place as may be appointed, for the purpose
of proposing some person or persons to be by such magistrate recommended to the Master as fit and proper to be
by him appointed executor or executors.
(3) The Master shall at the meeting so to be held at his office, or upon receiving the report of such magistrate,
appoint such person or persons as to him seems fit and proper to be executor or executors of the estate of th e
deceased, and shall grant letters of administration accordingly, unless it appears to him necessary or expedient to
postpone such appointment and to call another, or other such meeting or meetings, as aforesaid:
Provided that when it appears to the satisfaction of the Master that the estate of any deceased person as is
hereinbefore mentioned is manifestly insolvent, then and in every such case it shall not be necessary for him to
take any such proceedings as aforesaid for the appointment of an executor or executors.
26 Competition for the office of executor dative
In every case in which a competition takes place for the office of executor dative the surviving spouse, or
failing him or her the next or some of the next of kin, or failing him or them a creditor or creditors, or failing him
or them failing a legatee or legatees, shall be preferred by the Master to the office of executor:
Provided that—
(i) nothing in this section shall prevent any one or more of the above classes of persons from being
conjoined in the said office with one or more of any of the above-mentioned classes of persons;
(ii) when it appears to the Master or to the High Court or any judge thereof, on reviewing the appointment
of the Master, that any good reason exists against the appointment of all or any of the above-mentioned
persons or classes of persons, as executor or executors, any such person or class of persons may be
passed by and some other fit and proper person or persons may by the Master, or by the High Court or
judge, be appointed executor or executors;
(iii) every such appointment so made by the Master shall, on the application of any person having an interest
in such estate, be subject to be reviewed and confirmed or set aside by the High Court or any judge
thereof; and the High Court or judge by whom such appointment is set aside may appoint some other fit
and proper person or persons to be executor or executors.