There is hereby established a council, to be known as the Council of Estate Administrators, which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of doing anything that bodies corporate may do by law.
There is hereby established a Council, to be known as the Council of Estate
Administrators, which shall be a body corporate capable of suing and being sued in
its corporate name and, subject to this Act, of doing anything that bodies corporate
may do by law.
- The functions of the Council shall be
to maintain the registers of Estate Administrators and Insolvency Practitioners; - to consider and determine applications for registration· to administer the Compensation Fund;
- to define and enforce ethical practice and discipline among registered persons;
- to take such steps as the Council considers necessary or desirable to advance the standing and effectiveness of the profession of estate administration generally.
The Council shall consist of—
(a) a chairman, who shall be a registered legal practitioner of not less than
seven years’ standing, who shall be appointed by the Minister for his knowledge and
experience in the administration of estates; and
(b) the Master of the High Court referred to in section 3 of the
Administration of Estates Act [Chapter 6:01]; and
(c) the Chief Magistrate of Zimbabwe referred to in paragraph (a) of
subsection (3) of section 7 of the Magistrates Court Act [Chapter 7:10]; and
(d) one person appointed by the Minister from a list of not fewer than
three names submitted by the Council of the Law Society of Zimbabwe established
by the Legal Practitioners Act [Chapter 27:07]; and
(e) one person appointed by the Minister from a list of not fewer than
three names submitted by the Council of the Institute of Chartered Accountants
established by the Chartered Accountants Act [Chapter 27:02]; and
( f ) one person appointed by the Minister from a list of not fewer than
three names submitted by the Council of the Institute of Chartered Secretaries
established by the Chartered Secretaries (Private) Act [Chapter 27:03]; and
(g) two persons appointed by the Minister from a list of not fewer than six
names submitted by one or more organisations which, in the Minister’s opinion,
represent administrators of estates who are not represented by the bodies referred to
in paragraphs (d) to ( f ); and
(h) not more than three other members appointed by the Minister, none of
whom shall be a person in the full-time employment of the State.
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The main purpose of the Council is, among others, to register and regulate the conduct
of Estate Administrators and Insolvency Practitioners.
1 – The Act (Chapter 27:20)
To establish a council to be known as the Council of Estate Administrators and to provide for its functions and powers; to provide for the registration of estate
administrators; to amend the Administration of Estates Act [Chapter 6:01], the Insolvency Act [Chapter 6:04] and the Companies Act [Chapter 24:03]; and to
provide for matters connected with or incidental to the foregoing. ENACTED by the President and the Parliament of Zimbabwe.
ESTATE ADMINISTRATORS ACT 27_20
1 – Register of Estate Administrators and Insolvency Practitioners
• The Council shall establish a register, to be known as the Register of Estate Administrators and Insolvency Practitioners.
• The secretary of the Council shall be responsible, subject to any directions given to him by the Council, for maintaining the Register and ensuring that entries are
made in the Register recording-
(a) the name and such other particulars as may be prescribed of each person whom the Council has directed shall be registered; and
(b) the fact that a practicing certificate has been issued to a registered person, or that any such practising certificate has ceased to be valid; and
(c) particulars of the cancellation or suspension of any person’s registration, and of the restoration of any such cancelled registration or the termination of any such suspension; and
(d) any necessary corrections or alterations to any particulars or facts referred to in paragraphs (a), (b), or (c); and
(e) any other particulars that may be prescribed or that the Council may determine.
2 – Update to Master of the High Court
The secretary of the Council shall provide the Master of the High Court with an updated copy of the Register at the beginning of each calendar year and shall advise the Master of each and every amendment to the Register within 7 days of having amended the Register in compliance with subsection (2)(a) to (e).
3 – Prohibition against practice without practising certificate
No registered person shall-
(a) perform the work of an estate administrator or insolvency practitioner; or
(b) solicit appointment as- the executor of the estate of a deceased person; or the tutor or curator of a person under legal disability or of the
estate of such a person; whether directly or indirectly, by himself or in partnership or association with any other person, except in accordance with the
terms and conditions of a valid practicing certificate.
4 – How to Register
Qualifications for registration
(1) Subject to subsection (2), a person shall be qualified for registration as an administrator of estates if—
(a) he is registered as a legal practitioner in terms of the Legal Practitioners Act [Chapter 27:07]; or
(b) he is registered as a public accountant or public auditor in terms of the Public Accountants and Auditors Act [Chapter 27:12]; or
(c) he is a member of the Institute of Chartered Secretaries and Administrators in Zimbabwe established in terms of the Chartered Secretaries (Private) Act [Chapter 27:03]; or
(d) he has passed such examinations set by the Council as may be prescribed; or
(e) he possesses such qualifications and additionally, or alternatively, has such experience as may be prescribed or as the Council considers qualifies him for
registration.
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