Zambia wills: ask whether customary-held property is within the will’s scope

Read the Act’s exclusions before assuming a will covers everything

The Parliament of Zambia publishes the Wills and Administration of Testate Estates Act, Chapter 60. Section 2 says the Act does not apply to land acquired and held under customary law at the testator’s death where that law did not permit disposal by will, or to specified institutionalised chieftainship property. That is a boundary stated in this Act, not a conclusion about whether a particular parcel or right falls within it.

For each property a person hopes to address in a will, collect current land records, acquisition or transfer papers, and any records describing customary or chieftainship connections. Ask a qualified Zambian practitioner to identify the nature of the right and the applicable law. Do not infer from a family label or a will that a parcel may be disposed of under this Act.

Questions to bring to an adviser

• What right or interest do the records actually describe?
• Was the land acquired or held under customary law, or is that uncertain?
• Does the statutory exclusion apply to these facts, as assessed by local counsel?

Keep the will and property review separate

The same Act addresses subjects including will-making, family provision in a will, executors, probate and administration of testate estates. Its section 2 boundary makes clear why document planning should begin with what property interest exists and which rules govern it. The statute’s headings are signposts, not individualized advice about execution, beneficiaries or procedure.

Make a separate entry for each asset, its apparent holder, location, source documents, any co-holder or customary connection, and questions that remain unresolved. Include property outside Zambia in its own list for separate advice. A record inventory is a preparation aid, not a ruling on title, succession, or authority to transfer.

Questions to bring to an adviser

• Which parts of a proposed estate plan concern land, chieftainship property or other assets?
• Are there co-holders, customary interests or documents that conflict?
• Which procedures and current statutory provisions need to be checked for each asset?

Use Zambian advice for local and cross-border questions

This guide addresses a narrow exclusion in Zambia’s testate-estates statute; it is not a complete account of wills, intestacy, customary succession, land law, probate, tax or cross-border estates. The fact that the Act is published by Parliament does not answer how its provisions apply to a particular land holding, and customary, family and regional circumstances require local review.

This is general information, not legal, tax, financial or estate-planning advice. It does not establish whether a will is valid, whether property may be disposed of, who inherits or what procedure applies. It has not been reviewed by a lawyer or human editor; consult qualified local counsel in Zambia and ask them to check current official law and the property records before signing or relying on a will.

Questions to bring to an adviser

• Which current laws and evidence determine how the particular property is held?
• Could a customary, chieftainship or cross-border factor change the advice needed?
• Has a qualified Zambian lawyer reviewed the asset and proposed document together?

Official starting points

Check these sources for updates; their guidance may have changed since our last source check.

• Parliament of Zambia — Wills and Administration of Testate Estates Act, Chapter 60