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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.
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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.
2 – Statutory Instruments
It is hereby notified that the Minister of Justice, Legal, and Parliamentary Affairs has in terms of section 66(3) of the Estate Administrators Aet {Chapter 27:20}, made the following rules:*
I. These rules may be cited as the Estate Administrators (Registration and Examination) (Amendment) Rules, 2017 (No. 3).
2. The Third Schedule to the Estate Administrators (Registration and Examination) Rules, 2ffi4, published in Statutory Instrument of 2004 (hereinafter referred to as the ``principal rules``), is repeated, and the following is substituted-
DOWNLOAD THE STATUTORY INSTRUMENT 50 Of 2017
DOWNLOAD THE STATUTORY INSTRUMENT 59 Of 2018
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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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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.