Have you or anyone close to you recently lost a loved one in Zambia?
Did they leave any assets behind including real estate? If your answer is yes,
Did they leave a Valid Will?
If not, here are some things you ought to be aware of:
- There is need for one or more people who must not exceed four to handle the administration of the deceased’s estate.
- A family meeting must be convened where a decision must be made on who should make an application to the Court to be allowed to obtain letters of administration over the deceased’s estate. Minutes of this meeting should be taken.
- An inventory of the deceased’s estate (assets and liabilities) must be compiled.
- Important documents such as a copy of the deceased’s National Registration Card, Death Certificate, Burial Permit or any other documents to prove his or her death must be available as these will be needed for the Court application referred to in 2 above.
- When all the required documentation has been filed into Court, an Order will be granted to the Applicant(s) to obtain letters of administration. Once this is done the Applicant(s) or their lawyer will be able to collect the letters of administration from Court.
- Generally, the grant of letters of administration referred to in 5 above, entitles the administrator to all rights belonging to the deceased, however this is not to mean that the administrator has the liberty to administer the deceased’s estate at will as the Intestate Succession Act Chapter 59 of the Laws of Zambia prescribes the manner in which distribution of the estate should be done.
We hope this information will help you navigate the situation in which you or someone close to you may be in.
Yours Sincerely,
Claire & Partners.
*This is a general guide and must not be construed as legal advice. Readers who may want to take action based on the contents herein are advised to consult a legal practitioner before doing so.*