When a person dies without a valid will, they are said to die intestate. In Zambia, the estate of a person who dies intestate is distributed under the Intestate Succession Act, Chapter 59 of the Laws of Zambia. The Act sets out a fixed formula. It does not take account of what the deceased would have wanted, or of arrangements discussed within the family.

Who the Act applies to

The Act applies to people who were domiciled in Zambia when they died. It does not apply to land held under customary tenure, to property belonging to a chieftainship, or to family property that belongs collectively to the members of a family.

How the estate is divided

Under section 5 of the Act, the estate is shared as follows:

  • 20% to the surviving spouse;
  • 50% to the children, in proportions that reflect each child’s age or educational needs, or both;
  • 20% to the deceased’s parents; and
  • 10% to dependants, in equal shares.

Where some of these people do not survive the deceased, the Act redistributes their share. For example, if there is no surviving spouse, the spouse’s share passes to the children. If there is no spouse and there are no children, the estate passes to the parents. Where there is no one in any of these categories, the estate passes to near relatives, and only if there are none does it pass to the State.

The family house and personal belongings

Section 9 deals with the house. Where the estate includes a house, the surviving spouse or children, or both, are entitled to it. Where more than one person is entitled, they hold the house as tenants in common. The surviving spouse has a life interest in the house, which ends if the spouse remarries.

In a monogamous marriage, the surviving spouse and children are entitled equally to the deceased’s personal chattels, such as household furniture and personal effects. The Act makes further provision for polygamous marriages.

Who manages the estate

Before anyone can sell property, close accounts or transfer title, a person must be appointed by the court to administer the estate. The court grants letters of administration on the application of an interested person, giving priority to those with the greatest and most immediate interest. If no one applies, letters may be granted to the Administrator-General or to a creditor of the deceased.

The administrator’s duty is to collect the estate, pay debts and distribute the balance in line with the Act. Disputes over administration are among the most common, and most painful, family disputes our courts hear.

Why a will makes the difference

A will lets you decide who receives what, name an executor you trust, make specific provision for young children or dependants, and reduce the scope for dispute. It is particularly important if you own a business, hold property in more than one place, have children from more than one relationship, or want to provide for someone the Act would not.

A will should be reviewed after any major life event, such as marriage, the birth of a child, the purchase of property or a change in business interests.

Claire & Partners drafts wills, advises on estate planning and administers estates, with or without a will. See our wills and estates services.

This article is general information about Zambian law as at November 2026. It is not legal advice. For advice on your circumstances, book a consultation.