Administrator-General Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE ADMINISTRATOR-GENERAL ACT
CHAPTER 58 OF THE LAWS OF ZAMBIA
CHAPTER 58 THE ADMINISTRATOR-GENERAL'S ACT
THE ADMINISTRATOR-GENERAL'S ACT
ARRANGEMENT OF SECTIONS

TRATOR-GENERAL ACT
CHAPTER 58 OF THE LAWS OF ZAMBIA
CHAPTER 58 THE ADMINISTRATOR-GENERAL'S ACT
THE ADMINISTRATOR-GENERAL'S ACT
ARRANGEMENT OF SECTIONS

The Laws of Zambia
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Section
1. Short title
2. Interpretation
3. Appointment of Administrator-General
4. District Secretary to act as agent of Administrator-General
5. Duties of District Secretary
6. Intermeddling with property of deceased prohibited
7. Cases in which Administrator-General may apply for probate or letters of
administration
8. Administrator-General or agent may protect property pending application
9. Administrator-General may be appointed executor
10. Notice of application to Court
11. Granting of probate or letters of administration
12. No bond required from Administrator-General
13. Grant of probate or letters of administration vest property in
Administrator-General
14. Administrator-General as trustee
15. Where deceased member of partnership, surviving partner to account
16. Duty to supply information
17. Grant to Administrator-General may be revoked and grant made to other
person
18. Application to Court for revocation
19. Administrator-General to make inventory and keep accounts
20. Notice to creditors and claimants
21. Distribution of assets
22. Proof of claims may be required
23.

r-General to make inventory and keep accounts
20. Notice to creditors and claimants
21. Distribution of assets
22. Proof of claims may be required
23.

Fees of Administrator-General
24. Payments to executors, etc., in country of domicile
25. Assets received from outside Zambia. 26. Court may appoint persons to receive minor's share
27. Assets unclaimed for twelve years to be transferred to general revenues
Section
28. Power of President to dispose of same
29. Power for Administrator-General to administer where assets are less than K200
30. Administrator-General or his agents not liable for acts done in performance of
their duties
31. Estates being administered by Registrar of High Court
32. This Act not to apply to estates administered in terms of African customary law
33. Rules

1. Estates being administered by Registrar of High Court
32. This Act not to apply to estates administered in terms of African customary law
33. Rules

The Laws of Zambia
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CHAPTER 58
ADMINISTRATOR -G ENERAL
An Act to make provision for the appointment and duties of an
Administrator-General. [13th June, 1925]
20 of 1925
10 of 1926
31 of 1937
31 of 1959
14 of 1968
13 of 1994
Government Notices
303 of 1964
497 of 1964
Statutory Instrument
72 of 1964
1. This Act may be cited as the Administrator-General's Act. Short title
2.

Government Notices
303 of 1964
497 of 1964
Statutory Instrument
72 of 1964
1. This Act may be cited as the Administrator-General's Act. Short title
2.

In this Act, unless the context otherwise requires- Interpretation
"Administrator-General" means the Administrator of Estates appointed under this
Act and includes an Assistant Administrator-General;
"Commonwealth" means-
(a) the self-governing members of the Commonwealth;
(b) all British Colonies;
(c) all states and territories under the protection of Her Britannic
Majesty through Her Government in the United Kingdom; and
(d) all territories administered by governments of the Commonwealth in
accordance with a mandate from the League of Nations or under the
trusteeship system of the United Nations;
"Court" means the High Court, or any court subordinate thereto to which
jurisdiction hereafter may be given;
"letters of administration" includes any letters of administration whether general or
with a copy of the will annexed or limited in time or otherwise;

"letters of administration" includes any letters of administration whether general or
with a copy of the will annexed or limited in time or otherwise;

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"next of kin" includes a widower or widow of a deceased person or any other
person who by law would be entitled to letters of administration in
preference to a creditor or legatee of the deceased. (As amended by No. 31 of 1959, S.I. No. 72 of 1964
and No. 14 of 1968)
3. (1) The Public Service Commission may appoint an Administrator-General and
as many Assistant Administrators-General as may from time to time be required. Appointment of
Administrator-General
(2) The Administrator-General shall be a corporation sole by the name of the
Administrator-General and shall have perpetual succession, and an official seal, and may
sue and be sued in his corporate name. (3) The Administrator-General shall be entitled to appear in Court, either in person
or by counsel, in any proceeding to which he is a party.

te name. (3) The Administrator-General shall be entitled to appear in Court, either in person
or by counsel, in any proceeding to which he is a party.

(4) The Administrator-General, in his capacity of personal representative of any
estate, may institute and carry on proceedings against another estate notwithstanding that
he is personal representative of such other estate:
Provided that in any such proceedings he shall not be entitled to appear in Court in
person on behalf of both estates. (As amended by No. 31 of 1959 and G.N. No. 303 of 1964)
4. The District Secretary of any District shall, at the request of the
Administrator-General act as his agent within such District:
District Secretary to
act as agent of
Administrator-General
Provided that nothing herein contained shall affect the power of the
Administrator-General to appoint such other agents as he shall think fit. 5. (1) When a person dies in Zambia, the District Secretary of the District in which
the death occurs shall, upon receiving notice of such death or upon such death coming to
his knowledge, forthwith report such death to the Administrator-General.

ccurs shall, upon receiving notice of such death or upon such death coming to
his knowledge, forthwith report such death to the Administrator-General.

Duties of District
Secretary
(2) When a person dies outside Zambia leaving property in Zambia, the District
Secretary of the District in which such property is situate shall, upon such death coming to
his knowledge forthwith report such death to the Administrator-General.

he District in which such property is situate shall, upon such death coming to
his knowledge forthwith report such death to the Administrator-General.

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(3) The District Secretary of the District in which the death occurs and the District
Secretary of the District in which property belonging to such deceased person is situate
shall perform such further duties in connection with the estate of the deceased person and
provide such further information about the deceased person as the Administrator-General
may from time to time require. (No. 31 of 1959)
6. (1) When a person dies, whether within or without Zambia, leaving property
within Zambia, any person who, without being duly authorised by law, or without the
authority of the Administrator-General or a District Secretary, takes possession of, causes
to be moved or otherwise intermeddles with any such property, save in so far as may be
urgently necessary for the preservation thereof, shall be guilty of an offence; and any
person taking any action in regard to any such property for the preservation thereof shall
forthwith report particulars of the property and of the steps taken to the
Administrator-General; and if he fails so to report, he shall be guilty of an offence.

eport particulars of the property and of the steps taken to the
Administrator-General; and if he fails so to report, he shall be guilty of an offence.

Intermeddling with
property of deceased
prohibited
(2) Any person convicted of an offence under this section shall be liable to
imprisonment with or without hard labour for a period not exceeding three months or to a
fine not exceeding one thousand five hundred penalty units, or to both, but without
prejudice to any civil liabilities he may have incurred. (As amended by No. 31 of 1959 and Act No. 13 of 1994)
7.

nalty units, or to both, but without
prejudice to any civil liabilities he may have incurred. (As amended by No. 31 of 1959 and Act No. 13 of 1994)
7.

When a person dies leaving property in Zambia, the Administrator-General may
apply to the Court for probate or letters of administration (as the case requires) in the
following cases:
(a) where the deceased has left a will, but has failed to appoint an executor;
(b) where the deceased has left a will, and the executor therein named has
pre-deceased the testator or renounced probate or signified his intention of
not applying for probate;
(c) where the deceased has left a will appointing the Administrator-General his
executor;
(d) where the deceased has died intestate as to his property in Zambia;
Cases in which
Administrator-General
may apply for probate
or letters of
administration
and if no person to whom the Court would have jurisdiction to grant probate or letters of
administration has, in the opinion of the Administrator-General, taken or is taking action
with reasonable expedition to obtain probate or letters of administration, the
Administrator-General shall, within a reasonable time after he has had notice of the death
of any such person or the death has come to his knowledge, apply to the Court for probate
or letters of administration (as the case requires).

e death
of any such person or the death has come to his knowledge, apply to the Court for probate
or letters of administration (as the case requires).

(As amended by No. 31 of 1959)
Cases in which
Administrator-General
must apply
8. When any person dies leaving property within Zambia, the
Administrator-General or the District Secretary within whose District such property may
be, may, when he shall deem it advisable for the protection of such property, take
possession thereof without any order of the Court, but shall not deal therewith otherwise
than may be urgently necessary, before a grant of probate or letters of administration. Administrator-General
or agent may protect
property pending
application

be urgently necessary, before a grant of probate or letters of administration. Administrator-General
or agent may protect
property pending
application

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9. Any person may appoint the Administrator-General to be executor of his will. Administrator-General
may be appointed
executor
10. The Administrator-General shall cause notice of his intention to apply for
probate or letters of administration to be published in the Gazette at least fourteen days
before making the application and the cost of such publication shall in every case be
deemed to be a testamentary expense and be payable out of the estate of the deceased,
whether such estate be administered by the Administrator-General or any other person. Notice of application to
Court
11. Upon such application, the Court may grant probate or letters of administration
(as the case may be) to the Administrator-General accordingly:
Granting of probate or
letters of
administration
Provided always that in any case where the Court is satisfied that danger of
misappropriation, deterioration or waste of the estate is otherwise to be apprehended, or
that great expense would be incurred by delay in the matter, the aforesaid notice of
intention to apply may be dispensed with. 12.

be apprehended, or
that great expense would be incurred by delay in the matter, the aforesaid notice of
intention to apply may be dispensed with. 12.

The Administrator-General shall not be required by the Court to enter into any
administration bond, or to give other security to the Court on the grant of any letters of
administration to him by that name. No bond required from
Administrator-General
13. Where probate or letters of administration of the estate of a deceased person
is or are granted to the Administrator-General, all the property of the deceased person
and the rights and duties of an executor or administrator in relation thereto, as the case
may be, shall vest in the Administrator-General as holder of the office of
Administrator-General. Grant of probate or
letters of
administration vest
property in
Administrator-General
14. (1) The Administrator-General may act as trustee in the administration of trusts,
contained in any will or implied by law, to which property vested in him as the personal
representative of a deceased person becomes subject by the terms of such will or by
operation of law.

to which property vested in him as the personal
representative of a deceased person becomes subject by the terms of such will or by
operation of law.

Administrator-General
as trustee
(2) For the purposes of any law requiring that there be either two or more personal
representatives or trustees or a trust corporation, the Administrator-General shall be
deemed to be a trust corporation. (No. 31 of 1959)
15. (1) When a person dies being a member of a partnership carrying on business
in Zambia, the surviving partner or partners shall, as soon as possible, and in no case
later than two months after the death, furnish to the Administrator-General a full and true
statement of the affairs of the partnership at the time of death:
Where deceased
member of
partnership, surviving
partner to account

l a full and true
statement of the affairs of the partnership at the time of death:
Where deceased
member of
partnership, surviving
partner to account

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Provided that when no surviving partner is in Zambia at the time of death, such
statement shall be furnished within two months after the arrival of any partner within
Zambia. Such statement shall contain-
(i) particulars, including values, of the freehold and leasehold property of the
partnership;
(ii) particulars of cash of the partnership in hand or in bank;
(iii) particulars of the book and other debts of the partnership showing the
names and addresses of debtors;
(iv) particulars of the stock-in-trade, plant, machinery, fittings and other
personal estate not included under the foregoing headings;
(v) particulars of the liabilities of the partnership with the names and addresses
of the creditors;
(vi) such other particulars as the Administrator-General upon reasonable notice
may require. (2) Any person refusing or neglecting to comply with this section shall be guilty of an
offence and liable on conviction to imprisonment with or without hard labour for any period
not exceeding six months or to a fine not exceeding three thousand penalty units, or to
both. (As amended by Act No.

ithout hard labour for any period
not exceeding six months or to a fine not exceeding three thousand penalty units, or to
both. (As amended by Act No.

13 of 1994)
16. When the Administrator-General believes that any person is capable of giving
information concerning a deceased person or his property, he may by written notice
require such person to supply such information within the time stated in the written notice,
and any person being capable of giving such information who fails to comply with such
written notice shall be guilty of an offence and liable on conviction to imprisonment for a
period not exceeding three months or to a fine not exceeding one thousand five hundred
penalty units, or to both. (As amended by Act No. 31 of 1959 and Act No. 13 of 1994)
Duty to supply
information
17. At any time after grant of probate or letters of administration to the
Administrator-General under this Act, any person to whom the Court might have granted
administration if no such grant had been made to the Administrator-General, may apply to
the Court for revocation of such grant, and for grant to himself of probate or letters of
administration; but no such application shall be made until seven days after notice of
intention to make it shall have been given to the Administrator-General.

ation; but no such application shall be made until seven days after notice of
intention to make it shall have been given to the Administrator-General.

Grant to
Administrator-General
may be revoked and
grant made to other
person

Grant to
Administrator-General
may be revoked and
grant made to other
person

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18. (1) Upon such application, the Court, after hearing the Administrator-General if
he appears, may revoke the grant to the Administrator-General and grant probate or
letters of administration to the applicant, subject to such limitations and conditions as it
may think fit. Application to Court for
revocation
(2) Upon such revocation and new grant, all the interest, powers, rights and duties
of the Administrator-General in regard to the estate affected by such grant, and all
liabilities of the Administrator-General under any contract or agreement entered into by
him in relation to such estate or any part thereof, shall cease; and such portion of the
estate as shall be left unadministered by the Administrator-General shall vest in the
executor or administrator obtaining such new grant, subject nevertheless to all lawful
contracts theretofore made relating to such estate and to the allowance and payment of all
outlays, disbursements, costs, fees, charges and expenses reasonably incurred in the
administration thereof. 19.

d to the allowance and payment of all
outlays, disbursements, costs, fees, charges and expenses reasonably incurred in the
administration thereof. 19.

(1) The Administrator-General shall cause a complete inventory to be made of
every estate of which administration is committed to him, and shall keep an account of all
receipts, payments and dealings with every such estate; and he shall retain all letters
received, and copies of all letters written by him, and all deeds, writings and papers
relating to such estate:
Administrator-General
to make inventory and
keep accounts
Provided that the Administrator-General may in his discretion destroy any private
papers, bills, receipts, memoranda and other similar documents of no value, which he has
received along with the estate. (2) For the purpose of keeping the said accounts, the Administrator-General shall
cause to be opened at a bank to be approved by the Minister an account to be called the
"Administrator-General's Account" and payments of money into and out of such account
shall be made in such manner and subject to such conditions as the Minister may direct. (3) The Administrator-General's Account shall be audited by or on behalf of the
Auditor-General at such intervals as the Auditor-General shall deem necessary. (As amended by No. 31 of 1959 and G.N. No. 303 of 1964)
20.

half of the
Auditor-General at such intervals as the Auditor-General shall deem necessary. (As amended by No. 31 of 1959 and G.N. No. 303 of 1964)
20.

In every case where administration shall have been committed to him, the
Administrator-General shall cause a notice to be published in the Gazette calling upon
creditors and others to send in to him their claims against the estate on or before the date
mentioned in such notice, which shall not be less than one month after the date of the
publication of such notice. Notice to creditors and
claimants

e
mentioned in such notice, which shall not be less than one month after the date of the
publication of such notice. Notice to creditors and
claimants

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21. At the expiration of the time mentioned in the notice referred to in the
preceding section for sending in claims, the Administrator-General shall be at liberty to
distribute the assets or any part thereof amongst the parties entitled thereto, having
regard to the claims of which he shall then have had notice, and he shall not be liable for
the assets or any part thereof so distributed to any person of whose claim he shall not
have had notice at the time of the distribution of the said assets or any part thereof, as the
case may be; but nothing herein contained shall prejudice the right of any creditor or
claimant to follow the assets or any part thereof into the hands of the person or persons
who may have received the same respectively. Distribution of assets
22.

follow the assets or any part thereof into the hands of the person or persons
who may have received the same respectively. Distribution of assets
22.

When the Administrator-General has received notice of a claim against an
estate, administration of which has been committed to him, he may by a written notice
served personally or by post require the claimant prior to a date to be named in such
notice, which shall not be less than one month from the service of such notice, either to
institute proceedings to establish the claim, or to satisfy the Administrator-General of the
validity of the claim by affidavit or otherwise; at the expiration of the time mentioned in
such notice, the Administrator-General shall be at liberty to distribute the assets or any
part thereof amongst the parties entitled thereto, without having regard to the claims of
persons who shall have been served with such notice, but shall have failed to comply with
the requirements thereof, and he shall not be liable to any such person for the assets or
any part thereof; but nothing herein contained shall prejudice the right of any such person
to follow the assets or any part thereof into the hands of the person or persons who may
have received the same respectively. Proof of claims may be
required
23.

he assets or any part thereof into the hands of the person or persons who may
have received the same respectively. Proof of claims may be
required
23.

(1) There shall be charged in respect of the duties of the Administrator-General
such fees as may from time to time be prescribed. Fees of
Administrator-General
(2) Any expenses which might be retained or paid out of any estate in the charge of
the Administrator-General, if he were a private administrator of such estate, shall be so
retained and paid and the fees prescribed under subsection (1) shall be retained and paid
in like manner in addition to such expenses: such fees, charges and reimbursements shall
have priority over all debts of the deceased and may be deducted from any moneys
received by the Administrator-General in the course of the administration. Expenses
24.

all debts of the deceased and may be deducted from any moneys
received by the Administrator-General in the course of the administration. Expenses
24.

When the Administrator-General has been granted letters of administration of
the estate in Zambia of any person who was at the time of his death domiciled, or who
appears to the Administrator-General to have been then domiciled in any part of the
Commonwealth other than Zambia, and probate of whose will or administration of whose
estate in the place of such domicile or apparent domicile has been granted to some
person there, the Administrator-General may pay over to such person the balance of the
estate after payment of proved debts of creditors resident in Zambia and funeral and
administration expenses, without seeing to the application of such balance and without
incurring any liability in regard to such payment. (As amended by No. 31 of 1959 and No. 14 of 1968)
Payments to
executors, etc., in
country of domicile
25. Where administration of an estate has been committed to the
Administrator-General and he receives assets which at the time of the death of the
deceased were situate outside Zambia, such assets shall be treated in the same manner
as assets within Zambia at the time of death. Assets received from
outside Zambia

uate outside Zambia, such assets shall be treated in the same manner
as assets within Zambia at the time of death. Assets received from
outside Zambia

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26. Where any person entitled to a share under the will or in the distribution of the
estate of a deceased person whose estate is being administered by the
Administrator-General is a minor, the Court may, upon the application of the
Administrator-General, appoint the father or mother of such minor or some other suitable
person to receive the share of such minor on his behalf and, upon such appointment
being made, the Administrator-General may pay the share of such minor to such person
on behalf of such minor, and the receipt of such person shall be a full and complete
discharge to the Administrator-General so far as regards such share. Court may appoint
persons to receive
minor's share
27.

all be a full and complete
discharge to the Administrator-General so far as regards such share. Court may appoint
persons to receive
minor's share
27.

(1) All assets in charge of the Administrator-General which have been in his
custody for a period of twelve years or upwards without any application for payment
thereout having been made and granted by him, shall be transferred to the credit of the
general revenues of the Republic:
Assets unclaimed for
twelve years to be
transferred to general
revenues
Provided that this section shall not authorise the transfer of such assets as aforesaid
if any suit or proceeding is pending in respect thereof in any Court. (2) If, before the end of such twelve years, it is claimed and proved by the
Government to the satisfaction of the Court that any assets in the hands of the
Administrator-General are bona vacantia, then such assets shall at once become the
absolute property of the Government, but shall be subject to the power of disposal
conferred on the President by section twenty-eight. (As amended by No. 31 of 1937)
28.

f the Government, but shall be subject to the power of disposal
conferred on the President by section twenty-eight. (As amended by No. 31 of 1937)
28.

It shall be lawful for the President to dispose of or distribute either the whole or
any part of the assets transferred to the Government under the provisions of section
twenty-seven to or amongst any kindred of the deceased or such other persons in such
shares or manner as he shall think fit. Power of President to
dispose of same
29. (1) When the gross value of the estate situated in Zambia of a deceased person
does not exceed two hundred kwacha, and the Administrator-General is entitled in terms
of section seven to apply to the Court for probate or letters of administration (as the case
requires), the Administrator-General may, if he thinks fit, himself undertake the
administration of the estate without obtaining probate or letters of administration:
Power for
Administrator-General
to administer where
assets are less than
K200
Provided that the Administrator-General shall not, under the power conferred by this
section, undertake the administration of an estate if there has been any previous grant of
probate of the will of the deceased or of letters of administration of his estate, unless and
until such grant has been revoked.

any previous grant of
probate of the will of the deceased or of letters of administration of his estate, unless and
until such grant has been revoked.

(2) The Administrator-General shall inform the Court of every administration which
he undertakes under this section, and shall publish in the Gazette a notice (which may be
combined with the notice for creditors) of his having undertaken the administration and, on
the publication of such notice, the estate of the deceased shall vest in the
Administrator-General as such:

ving undertaken the administration and, on
the publication of such notice, the estate of the deceased shall vest in the
Administrator-General as such:

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Provided that when the gross value of the estate in Zambia does not exceed the sum
of forty kwacha, the Court may direct that publication of any notice required under this Act
may be dispensed with and, upon such direction being given, the estate of the deceased
shall vest in the Administrator-General as such. (3) The Administrator-General shall, for the purpose of an administration under this
section, have the same powers and be subject to the same obligations as if letters of
administration of the estate of the deceased had been duly granted to him. (4) The Administrator-General shall have full power to settle finally and without
appeal all disputes and questions which may arise in the course of an administration by
him under this section, including claims by creditors, but may, if he thinks fit, allow an
appeal to the Court or may himself apply to the Court for directions.

this section, including claims by creditors, but may, if he thinks fit, allow an
appeal to the Court or may himself apply to the Court for directions.

(5) In settling such disputes or questions, the Administrator-General may, if he
thinks it expedient in the interests of justice or with a view to saving expense, act on
information which appears to him to be credible though it is not legal evidence. (No. 10 of 1926 as amended by No. 31 of 1959)
30.

ing expense, act on
information which appears to him to be credible though it is not legal evidence. (No. 10 of 1926 as amended by No. 31 of 1959)
30.

Neither the Administrator-General nor any of his agents shall be personally
liable to any person in respect of goods or chattels in the possession at the time of the
death of any person whose estate shall be administered by the Administrator-General
which shall be sold by the Administrator-General or such agents, unless the
Administrator-General or agent shall know or have actual notice before the sale that such
goods or chattels were not in fact the property of the person whose estate is being
administered by him, and generally neither the Administrator-General nor any agent shall
be liable for any act done by him bona fide in the supposed and the intended performance
of his duties, unless it shall be shown that such act was done not only illegally, but wilfully
or with gross negligence:
Administrator-General
or his agents not liable
for acts done in
performance of their
duties
Provided always that, in case of any sale by the Administrator-General or any agent
of goods or chattels belonging in fact to any third person, the amount realised by such
sale shall be paid over to the owner upon proof by him of such ownership, unless the
same shall have already been applied in payment of the debts of the deceased or shall
have been distributed in the ordinary course of administration whilst the
Administrator-General or agent was in ignorance and without actual notice of the claim of
such person to the goods or chattels sold.

ration whilst the
Administrator-General or agent was in ignorance and without actual notice of the claim of
such person to the goods or chattels sold.

31. The Administrator-General shall be deemed to have been granted letters of
administration to all estates which would have been subject to this Act but which were at
the commencement of this Act being administered by the Registrar of the High Court. Estates being
administered by
Registrar of High
Court
32. (1) This Act shall not apply to the administration of the estate of any person to
which the provisions of subsection (1) of section thirty-six of the Local Courts Act apply,
unless the Court shall have first made an order or given directions that such estate shall
not be administered in terms of African customary law. This Act not to apply to
estates administered
in terms of African
customary law.

h estate shall
not be administered in terms of African customary law. This Act not to apply to
estates administered
in terms of African
customary law.

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(2) Nothing contained in this Act or in any other written law shall require or be
deemed to require the Administrator-General, except where he thinks it is in the interest of
justice so to do, to make an application to a local court claiming that the estate of a
deceased person should not be administered in terms of African customary law. (No. 14 of 1968)
33. The Minister may, by statutory instrument, make rules for the better carrying
out of the purposes and provisions of this Act, and for regulating the proceedings of the
Administrator-General. (As amended by G.N. No. 303 of 1964)
Rules
SUBSIDIARY LEGISLATION
ADMINISTRATOR-GENERAL CAP.

regulating the proceedings of the
Administrator-General. (As amended by G.N. No. 303 of 1964)
Rules
SUBSIDIARY LEGISLATION
ADMINISTRATOR-GENERAL CAP.

58
SECTIONS 19 AND 33-THE I NTEREST ON ADMINISTRATOR -G ENERAL'S I NVESTMENTS
RULES
Rules by the Minister
Government Notice
105 of 1950
Act No.13 of 1994
W HEREAS the Administrator-General has at all times in his hands moneys standing
to the credit of various estates, being temporary cash balances awaiting distribution or
investment:
AND WHEREAS in cases where moneys have so stood to the credit of an estate and
the Administrator-General has deemed it impracticable or not for the benefit of the estate
to keep the moneys separate and earn interest thereon, it has been his practice to pay
such moneys until required into an account at a certain bank in accordance with section
nineteen (2) of the Administrator-General's Act:
AND WHEREAS the Administrator-General has from time to time invested in
securities issued by the Governments of the former Protectorate of Northern Rhodesia
and of Southern Rhodesia and in the Post Office Savings Bank, and on fixed deposit with
certain banks, the cash balance standing to the credit of the said account which in his
opinion was in excess of that required for the time being to answer demands in respect of
beneficiaries, creditors and other persons:
AND WHEREAS he has credited from time to time to the various estates under his
administration the interest which in his opinion a private executor or administrator could
have obtained and was under a duty to obtain for the benefit of each estate:

e interest which in his opinion a private executor or administrator could
have obtained and was under a duty to obtain for the benefit of each estate:

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
AND WHEREAS it is expedient to legalise the said dealings by the
Administrator-General with the moneys as aforesaid and to provide for the payment into
general revenue of the balance of the dividends and interest not so credited to individual
estates by the Administrator-General:
NOW WHEREAS , the following Rules have been made:
1. These Rules may be cited as the Interest on Administrator-General's
Investments Rules. 2. The said dealings by the Administrator-General with the moneys aforesaid
shall be deemed always to have been lawful. 3. The Administrator-General shall pay into general revenue the dividends and
interest at present held by him which in his opinion are not required to be
credited to individual estates as aforesaid. 4.

revenue the dividends and
interest at present held by him which in his opinion are not required to be
credited to individual estates as aforesaid. 4.

The Administrator-General may continue to invest in securities issued by
the Government and in the Post Office Savings Bank, and place on fixed
deposit with approved banks, the cash balance standing to the credit of the
said account which in his opinion is in excess of that required for the time
being to answer demands as aforesaid, and may in his sole discretion
continue to credit interest to individual estates as aforesaid and shall
annually pay into general revenue such dividends and interest as in his
opinion are not required therefor. SECTIONS 23 AND 33-THE ADMINISTRATOR -G ENERAL (F EES ) RULES Government Notice
95 of 1950
Rules by the Minister
1. These Rules may be cited as the Administrator-General (Fees) Rules. Title
2. In these Rules, unless the context otherwise requires- Interpretation
"gross value of the estate" means the gross value at the date of death of all
property which vests in the Administrator-General and shall include the
increase in value of any particular item which may occur on its realisation
by him.

rty which vests in the Administrator-General and shall include the
increase in value of any particular item which may occur on its realisation
by him.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
3. Where the Administrator-General is acting as executor, administrator or trustee in any estate, the
following fees shall be charged:
(a) upon the gross value of the estate, according to the following scale:
Fee units
where the gross value does not exceed K50 45
where the gross value does not exceed K100 60
where the gross value does not exceed K150 75
where the gross value does not exceed K200 90
where the gross value exceeds K200:
5 per centum on the first K2,000
4 per centum on the next K2,000
3 per centum on the next K2,000
2 per centum on the next K2,000
1 per centum on the next K12,000 and
1/2 per centum on the remainder; and
(b) upon all income received and accounted for by the Administrator-General, 5 per
centum; and
(c) upon every K200 or part thereof available for dividend in an insolvent estate, the sum
of 60 fee units. (As amended by Act No. 13 of 1994)
Prescri
fee s
4.

every K200 or part thereof available for dividend in an insolvent estate, the sum
of 60 fee units. (As amended by Act No. 13 of 1994)
Prescri
fee s
4.

Such fees shall be payable on completion of the administration of the estate, but
where, prior to the completion of an administration, accounts are submitted to
beneficiaries, a pro rata proportion of the fees shall then be payable. On payment thereof,
the Administrator-General shall make and initial or cause to be made and initialed a note
on his account showing the fee paid and the number of the receipt recording the payment. Time for payment
5. Where it appears to the Administrator-General that the circumstances of an
administration are such as to render his duties in relation thereto-
(a) exceptionally simple or otherwise are of an exceptional character, he may
remit all or any part of the above fees; or
(b) exceptionally onerous, he may charge a special fee in addition to the above
fees. In such estate the total of fees to be charged will be those which a
solicitor would be entitled to charge under the High Court Rules, if a
solicitor had been appointed executor and had been authorised to charge
for his services. Waiver, reduction or
increase of fees
Cap. 27