Understanding Zambia’s Updated Legal Framework on Deceased Estates Administration

Introduction 

The administration of deceased estates in Zambia is primarily governed by two key pieces of legislation: 

• The Wills and Administration of Estates Act, Chapter 60 of the Laws of Zambia (“Wills Act”), which governs testate estates (where the deceased left a will). 

• The Intestate Succession Act, Chapter 59 of the Laws of Zambia (“Intestate Act”), which governs intestate estates (where the deceased died without a will). 

Both Acts empower the Chief Justice to enact rules regulating the practice and procedure under each law. Pursuant to this authority, the Chief Justice enacted two new sets of regulations in September 2023: 

• The Wills and Administration of Testate Estates Rules, 2023 

• The Intestate Succession Rules, 2023 

These new regulations (“the Regulations”) significantly enhance the procedural clarity in estate administration. Below is a summary of the salient features under both sets of rules, organized by topic.

Comparison of Salient Features in the 2023 Regulations 

Area Affected	Wills and Administration of Estates Act	Intestate Succession Act
Registry	Regulations 4, 5, 6: Chief Justice may establish registries anywhere, run by a registrar. Functions include maintaining a register of applications, sealing court-is- sued grants, assisting illiterate persons, and safekeeping wills (at a fee). Registry defined as the Family and Children’s Division of the High Court (already established).	Regulations 4, 5, 6: Identical provisions as above, including registry responsibilities and location.
Depository of Wills	Regulation 6: Registrar must provide secure depository for wills; testator may withdraw will; Registrar may release copy to executor or entitled party upon proof of death.	Not applicable.
Application for Grant	Regulation 7: Requires originating summons, affidavit, and newspaper publication. Must be made within 12 months of death unless leave of court is granted.	Regulation 7: Same process, but includes consideration of priority order under Section 5. Lower-priority applicants must justify bypassing others.
Documents Required	Regulation 8: Provides specific templates/- forms for grant applications.	Similar document requirements implied.
Joinder of Executors	Regulation 9: Executors not joined in original application may later apply via summons and affidavit if they have not renounced.	Not applicable.
Oral Wills	Regulation 10: Allows proof of oral wills under strict criteria per Section 6(4) of the Wills Act (e.g., active military personnel, terminally ill persons). Requires detailed affidavit and originating summons.	Not applicable.
Renunciation or Revocation of Grants	Regulation 14: Executors may renounce orally or by affidavit; death certificate required if executor dies pre-grant.	Regulation 21: Grant may be revoked via summons and affidavit detailing administrator’s conduct.
Creation of Grants	Regulation 19: Court may issue full or limited grants (e.g., for perishable estate assets). Requires originating summons and affidavit.	Not directly specified; resealing and revoca- tion processes are aligned.
Resealing Foreign Grants	Regulation 23: Allows resealing of grants from other jurisdictions with certified copies and an affidavit. Creditors may intervene per Section 5 of the Probates (Resealing) Act.	Regulation 19: Similar resealing provisions.
Family Provision Application	Regulation 26: Person may seek provision from will via writ of summons and state- ment of claim. Must include comprehensive personal, financial, and relationship details.	Not applicable.

Conclusion 

The 2023 regulations provide much-needed clarity and procedural uniformity in the administration of both testate and intestate estates in Zambia. Members of the public are encouraged to familiarize themselves with these rules to better navigate estate matters and to ensure their rights and duties are properly upheld in accordance with the law.