Lusaka-based lawyer Dickson Jere has highlighted important legal considerations that courts take into account when appointing administrators to manage the estate of a person who dies without leaving a Will.
In a legal advisory titled “Appointment of Administrator – Court Guides,” Jere explained that when a person dies intestate, meaning without a valid Will, surviving family members must determine who should apply to court to be appointed as administrator of the deceased’s estate.
He noted that priority is usually given to the surviving spouse and children, particularly where the deceased was married, because they are considered to have a greater interest in the estate as beneficiaries.
However, Jere stressed that being a surviving spouse or child does not automatically make someone suitable for appointment as an administrator.
He explained that the law also requires prospective administrators to demonstrate personal qualities that would enable them to manage the deceased’s estate responsibly.
Citing the Court of Appeal decision in Zimba and Another v Zimba, Appeal No. 43 of 2023, Jere said the court provided guidance on the characteristics that should be considered when determining whether someone is suitable for the role.
According to the judgment, courts have a responsibility to assess the suitability of a person appointed to represent and administer a deceased person’s estate.
The Judges identified several important considerations, including trustworthiness, good standing, integrity, honesty and accountability.
The availability of the proposed administrator to perform and oversee the responsibilities of the office is also an important factor.
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Jere quoted the Court of Appeal as explaining that these personal attributes should be considered independently of the legal qualifications required for appointment as an administrator.
The court further highlighted the importance of guarantees or a form of bond to ensure that administrators can be held accountable for how they manage an estate.
The guidance, according to Jere, also applies to estates where the deceased died without leaving a Will.
He explained that the court must be satisfied that a person seeking letters of administration has the ability to manage the estate prudently, diligently, effectively and efficiently.
The judgment also makes it clear that being a surviving spouse, on its own, is not sufficient to guarantee appointment.
Jere’s explanation highlights the responsibility that comes with administering an estate, particularly where family members are required to agree on who should take charge of the deceased person’s affairs.
He also encouraged people to avoid potential complications by preparing a Last Will and Testament while they are alive.
Through a Will, a person can appoint an Executor whom they trust to manage their affairs and oversee the administration of their estate after death.
“Just write a Will!” Jere advised.
His message serves as a reminder that estate planning is important, not only in determining how assets should be distributed after death but also in identifying a trusted person to carry out the deceased’s wishes.
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