Administrator of estate zambia. Understand the legal framework, requirements for creating a valid (2) Where it is satisfied that the due and proper administration of the estate and the interests of the persons beneficially entitled to it so require, the court may suspend or remove an executor The question is – Can the Local Court in Zambia have powers to appoint an Administrator of the deceased estate worthy more than ZMW 3. 162-168 This Act makes provision principally for the legal status and administration of estates of deceased persons leaving property in Zambia. Rendering of account A personal representative shall, when ordered by the court or on an application by an interested party— (a) produce in court, a full inventory of the Pending the determination of any proceedings touching the validity of the Will of a deceased person or for obtaining or revoking any probate or any grant of letters of administration, the This document is an application filed in the High Court of Zambia by Mary Chikwati seeking an order from the court granting her leave to obtain letters of To administer estates of deceased persons who die testate or intestate in accordance with the Wills and Administration of Testate Estates Act, Cap 60 and the Intestate Explore the intricacies of inheritance and estate planning in Zambia. The codification of the Rules is a positive 48. Upon the demise of Killian Nkwilimba, the applicant who s the elder brother of the deceased was chosen by the family to be administrator of the estate of the The learned trial Judge erred in law by holding that the Administrator needed a Court order to sell his entitlement under the estate in the peculiar circumstances of this case The Administrator-General, in his capacity of personal representative of any estate, may institute and carry on proceedings against another estate notwithstanding that he is personal oral contract of sale of land evidenced in writing between the respondent and the 1 St appellant Moses Malambo, the administrator of the estate of the late Alfred Siandavu. The Administration of Estates Amendment Act, 2024, which came into effect on 24th February 2025, introduces important changes to the Administration of Estates Act. INTRODUCTION (a) Application of Intestate Succession Law –Sec 2 As regards application the Act states as follows: (1) Except to the Formerly, the estate of an African who died intestate would be administered and distributed according to customary law; there is a wide variety of customary laws operating in Zambia, the IN THE HIGH COURT FOR ZAMBIA 2014/HP/0590 AT THE PRINCIPAL REGISTRY AT LUSAKA (Civil Jurisdiction) IN THE MATTER OF: THE ORDER OF An Act to simplify the law governing the making of wills; to provide for adequate financial and other provisions to be made for dependants in a will; to provide for the administration of “personal representative” includes an executor and administrator; “security forces” includes the Defence Force, Police Force, Prison Service, Zambia National Service, Zambia Security Formerly, the estate of an African who died intestate would be administered and distributed according to customary law; there is a wide variety of customary laws operating in Zambia, the The Intestate Succession Act outlines the legal framework for inheritance in Zambia when a person dies without a will. This contains rules relative to the making, registering and The learned trial Judge erred in law by holding that the Administrator needed a Court order to sell his entitlement under the estate in the peculiar circumstances of this case Intestate Succession Act, 1989 Chapter 59 Published Commenced on 19 May 1989 [This is the version of this document at 31 December 1996. 18/2015) Who Manages the Estate Without a Will? Meet the Administrator! #familylawessentials opdnsoetrSe6lf3Lrr263lu7c13gagaemhmu5ou034gMna1ca All reactions: 16 2 comments 3 Succession - Intestate Succession Act. Pivotal to An Act to simplify the law governing the making of wills; to provide for adequate financial and other provisions to be made for dependants in a will; to provide for the administration of The administration of deceased estates in Zambia is primarily governed by two key pieces of legislation: The Wills and Administration of Estates Act, Chapter Provide all original documents relating to the deceased namely National Registration Card (NRC), Death Certificate, Burial permit, or any other authentic documents to prove the death of the 33. 2. 163 of 2021) R14 Paul Mulenga and 3 Others v Investrust Bank Limited6, Carmine and Watson Nkandu Bowa (sued as Administrator of the Estate of Ruth Bowa) v Fred Mubiana and It appears the Administrator General was appointed administrator to the deceased father's estate, as in or about 1978, the Administrator General conveyed and assigned the property to the Case in the high court for zambia at the principal registry at lusaka (civil jurisdiction) in the matter of: the order of administration and administration of Where a person who is entitled to letters of administration is absent from Zambia, and there is no other person equally entitled who is willing to act as administrator, letters of administration may 2015-HP-2447 Chola Chakonta and Agness Nyondo Chakonta Vs Administrator of the Estate of Patrick Malaya – Sept 2017 – Justice M. Understand the legal framework, requirements for creating a valid On 1 st September 2023, Parliament enacted Statutory Instrument No. Explore Zambia's estate administration laws, focusing on probate processes, District Secretary duties, and asset management for deceased estates. Intestate Succession Act, 1989 Chapter 59 Published Commenced on 19 May 1989 [This is the version of this document at 31 December 1996. 27, No. 2 (Autumn, 1983), pp. This contains rules relative to the Additionally, seeking professional assistance, such as legal and financial advice, can also provide valuable support and guidance throughout Where a person who is entitled to letters of administration is absent from Zambia, and there is no other person equally entitled who is willing to act as administrator, letters of administration may oral contract of sale of land evidenced in writing between the respondent and the 1st appellant Moses Malambo, the administrator of the estate of the late Alfred Siandavu. To that effect section 19 (1) Where a person who is entitled to letters of administration is absent from Zambia, and there is no other person equally entitled who is willing to act as administrator, letters of administration may The administrator will then apply for the grant of probate letters of administration. The appellant exhibited Nkumbu'la Nkwilimba (Suing as Administrator of the Estate of the 'late Killian Nkwilimba) v Humphrey Salwanja -HP/590/2014, ZM HC, 174 (23rd July 2014) -(2014) ZR, Vol Zambia Administration of Estates (Trust Corporations) Act, 1956 Chapter 62 Commenced on 17 August 1956 [This is the version of this The Appellant in this appeal, as administrator of the estate of Emmanuel Bwalya (herein referred to as the deceased), sued Konkola Copper Mines Pic, the former employers of When the Administrator-General has been granted letters of administration of the estate in Zambia of any person who was at the time of his death domiciled, or who appears to the Intestate Succession Act No. One of The Administrator-General, in his capacity of personal representative of any estate, may institute and carry on proceedings against another estate notwithstanding that he is March, 2018, it was stated that the 1st respondent, was the administrator of the estate of the late Edwin Wamuiwa Lukonga who owned Stand Number 1689/7417. 37 (the “ Probate Rules ” or the “ Rules ”). This contains rules relative to the making, registering and Administrator-General's Act, 1925 Chapter 58 Commenced on 13 June 1925 [This is the version of this document at 31 December 1996. Where a person who is entitled to letters of administration is absent from Zambia, and there is no other person equally entitled who is willing to act as administrator, letters of administration may Where a person who is entitled to letters of administration is absent from Zambia, and there is no other person equally entitled who is willing to act as Zambian - Appointment Of Administrator - Court Guides By Dickson Jere When someone dies Intestate - without leaving a Will - surviving family members have to decide on The 2023 regulations provide much-needed clarity and procedural uniformity in the administration of both testate and intestate estates in Zambia. C Kombe Learn about the roles of an administrator of an estate, their duties and best practices for managing and distributing assets after someone passes Where a person who is entitled to letters of administration is absent from Zambia, and there is no other person equally entitled who is willing to act as administrator, letters of REPUBLIC OF ZAMBIA THE ADMINISTRATION OF ESTATES (TRUST CORPORATIONS) ACT What is an administrator of estate? Learn about the duties, responsibilities, and legal implications of an estate administrator in managing a deceased person's estate. Interpretation In these Rules, unless the context Banda (Suing in his capacity as Administrator of the estate of the late Barbra Chimimba) and Anor v Attorney General (Appeal 207 of 2021) The Department comprises of two Units, namely Administrator-General and Official Receiver. 4 Wills and Administration of Testate Estates (Probate) Rules, 2023 Statutory Instrument 37 of 2023 Published in Government Gazette Supplement on 1 September 2023 The term personal representative broadly encompasses both administrators and executors and refers to any person that may legally administer the estate of a J9 IN THE SUPREME COURT FOR ZAMBIA APPEAL NO. On 1 st September 2023, Parliament enacted Statutory Part I – Preliminary Title These Rules may be cited as the Wills and Administration of Testate Estates (Probate) Rules, 2023. The Office of the Administrator-General is created under the Administrator-General’s ed “NN1”. ] [This legislation has been revised and Simon Coldham, The Law of Succession in Zambia: Recent Proposals for Reform, Journal of African Law, Vol. Explore the intricacies of inheritance and estate planning in Zambia. The applicant or their lawyer will then be able to The appellant also alleged that the administrator and the 1 st respondent sold all the farming equipment and cattle which formed part of the The duty to account for the administration of an intestate’s estate is imposed on the administrator of the estate and not on any beneficiary of the estate. 14 of the Intestate Governed by the Wills and Administration of Testate Estates Act, Chapter 60 of the Laws of Zambia, this legal document provides a clear framework for managing your estate, avoiding Wills and Administration of Testate Estates Act, 1989 Chapter 60 Published Commenced on 19 May 1989 [This is the version of this document at 31 December 1996. PDF | An overview of administrative law in Zambia | Find, read and cite all the research you need on ResearchGate Hildah Ngosi (suing as Administrator of the Estate of Washington: Ngosi) v The Attorney General and Anor (SCZ JUDGMENT NO. Except as is expressly provided, nothing in this Act shall affect- (a) any rights, duties or obligations of an administrator under any law relating to the administration of estates existing 1. Evans Chango Musonda (suing as Administrator of the estate of the late Charles Kabesha) vs African This Act makes provision principally for the legal status and administration of estates of deceased persons leaving property in Zambia. PW1 Bernadette Musonda Phiri claimed that the appellant called for a family meeting in April, 2007 in his capacity as administrator of the Where a person who is entitled to letters of administration is absent from Zambia, and there is no other person equally entitled who is willing to act as Where a person who is entitled to letters of administration is absent from Zambia, and there is no other person equally entitled who is willing to act as CASE LAW ON L412 – Probate & Succession Law in the high court for zambia at the kitwe district registry (probate jurisdiction) between in the matter of: the Kachasu (Suing as the Administrator of the Estate of the late Paul Kachasu) v Manda (Sued as Administrator of the Estate of the late Dr Francis Manda) and Ors (Appeal No. 132/2010 HOLDEN AT LUSAKA (Civil Jurisdiction) IN THE MATTER OF: Section 5 (2) and S. ] An Act to simplify the law governing the making of wills; to provide for adequate financial and other provisions to he made for dependants in a will; to provide for the Notwithstanding anything contained in the definition of "trust Special cases corporation" in section two, a company or body corporate which would be a trust corporation but for the fact that it (2) Where it is satisfied that the due and proper administration of the estate and the interests of the persons beneficially entitled to it so require, the court may suspend or remove an executor Administrator-General's Act, 1925 Chapter 58 Commenced on 13 June 1925 [This is the version of this document at 31 December 1996. Once granted probate, the administrator will administer the estate in line with the provisions of IN THE SUPREME COURT FOR ZAMBIA APPEAL NO. 10 of 2012. ] [This legislation has been revised ZAMBIA STATE INSURANCE CORPORATION AND ZAMBIA CONSOLIDATED COPPER MINES v ANDREW MUCHILI (ADMINISTRATOR OF THE ESTATE . 0 Zambia’s New Probate Rules: Streamlining the Legal Procedures for Probate Management. ] [This legislation has been revised and Citation Milambo (Administrator of the estate of Alfred Siandavu ) and Anor v Mweemba (Appeal 9 of 2020) [2021] ZMCA 174 (10 December Learn about estate planning in Zambia, including inheritance laws, creating a will, and how the Wills App can help secure your legacy with automated document storage and Where it is satisfied that the due and proper administration of the estate and the interests of the persons beneficially entitled to it so require, the court may suspend or remove What exactly is an estate administrator and how is an administrator of an estate appointed? This article tackles those questions and more. As administrators or executors, you are under oath to fully administer the estate of the deceased and prove to have done so. 14 of the Intestate Succession Act Being appointed estate executor, trustee, or administrator is a heavy responsibility. Learn your duties to ensure you cover everything and avoid suit. ] Mopani Copper Mines PLC v Miti (Suing in his capacity as Administrator of TheEstate of Thelate Geofrey Elliam Miti) & Others (Appeal WILLS AND ADMINISTRATION OF TESTATE ESTATES ACT An Act to simplify the law governing themaking of wills; to provide for adequate financial and This Act makes provision principally for the legal status and administration of estates of deceased persons leaving property in Zambia. 5 of 1989 - Application of - Act prospective in its operation - Widow entitled to share in estate even if did Peter Matimba & Another v Mazuba (Suing as Administrator of the estate of the late Bernard Mazuba) & Another (Appeal 52 of 2019) [2021] Where it is satisfied that the due and proper administration of the estate and the interests of the persons beneficially entitled to it so require, the court may suspend or remove Attorney General vs John Tembo - SCZ Judgment No. Members of IN THE HIGH COURT FOR ZAMBIA 2013/HP/0593 AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: ROSEMARY MUSA PHIRI If all the required documentation has been filed In Court, an order will be granted to the applicant for leave to obtain letters of administration. 59 of the Laws of Zambia Wills and Administration of Testate Estates Act, Chapter 60 of the Laws of Zambia On WILLS AND ADMINISTRATION OF TESTATE ESTATES ACT An Act to simplify the law governing the making of wills; to provide for adequatefinancial and Upon the demise of Killian Nkwilimba, the applicant who was the elder brother of the deceased was chosen by the family to be administrator of the estate of the deceased and he administrator of the estate on 18th April, 2007. ct aq hy kz gx rv tu yv ey fb