Govt plans to overhaul estate law
Dausab wants finalisation of estate cases expedited
The misuse of estate assets, reportedly due to loopholes in the law, has become a thorny issue.
The excessive delays in the settlement of deceased estates by the directorate for the Master of the High Court is an issue that affects many Namibians.
The situation is so dire that the justice ministry has been inundated with complaints from the public regarding the prolonged time it takes to finalise estates. The ministry is keen to change this by repealing and amending the law on the administration of estates.
"We don't want people to stress about the process at the office of the Master [of the High Court] during their difficult time of loss," justice minister Yvonne Dausab said last week.
"Therefore, our intentions with these amendments and repeal of the law are to address some of the people's concerns," she said during an interview with the information ministry.
Dausab said there is currently a shortage of human resources within this directorate, which reportedly contributes to the significant backlog in handling pending cases.
“There simply aren’t enough people, but we are working hard to increase this number. We are trying to redesign the entire process of registration and feedback to clients.”
Improvements in the pipeline
She explained the ministry intends to appoint more deputy directors to ease the workload. The proposed law will also provide for flexibility in this regard by empowering the ministry to make additional appointments as needed.
Dausab further stated that the ministry aims to expand services to more parts of the country, as they are currently only available in Oshakati and Windhoek. The ministry also wants to improve its electronic system.
Additionally, she said the ministry aims to make the documents for registering deceased estates more user-friendly, as they are currently too complicated.
She also pointed out that the law dates back to 1965 and is therefore outdated. She believes the law is complex and contains several loopholes.
‘Revolutionary’ ideas
Furthermore, the law consists of smaller pieces of legislation; for example, the Rehoboth area has its own proclamation that applies to the administration of estates.
“What we aim to achieve with this repeal is to combine all these separate pieces of legislation into one law.”
Dausab also announced the ministry intends to introduce a new aspect that she believes is “revolutionary.” This relates to the self-review of decisions.
She believes this amendment will prevent people from having to approach the court to review a decision.
“The law does not allow you to go back on a decision you have already made, but we want to include an aspect in the law that allows you to revisit your decision in cases where there is a compelling reason,” Dausab explained.
Integrity of process
Dausab further explained that the ministry has also received numerous complaints related to the abuse and mismanagement of assets. Therefore, there are plans to introduce legislation aimed at estate practitioners.
“This law will give the master more power to address issues concerning estate practitioners. We are now seeking qualified individuals. We are looking for trust accounts. We want security,” she emphasised, adding that practitioners will also have to adhere to strict deadlines or there will be penalties.
“Even before the executor of the estate is appointed, people will start selling off assets. Therefore, we want to protect the integrity of that process.”
– [email protected]
The situation is so dire that the justice ministry has been inundated with complaints from the public regarding the prolonged time it takes to finalise estates. The ministry is keen to change this by repealing and amending the law on the administration of estates.
"We don't want people to stress about the process at the office of the Master [of the High Court] during their difficult time of loss," justice minister Yvonne Dausab said last week.
"Therefore, our intentions with these amendments and repeal of the law are to address some of the people's concerns," she said during an interview with the information ministry.
Dausab said there is currently a shortage of human resources within this directorate, which reportedly contributes to the significant backlog in handling pending cases.
“There simply aren’t enough people, but we are working hard to increase this number. We are trying to redesign the entire process of registration and feedback to clients.”
Improvements in the pipeline
She explained the ministry intends to appoint more deputy directors to ease the workload. The proposed law will also provide for flexibility in this regard by empowering the ministry to make additional appointments as needed.
Dausab further stated that the ministry aims to expand services to more parts of the country, as they are currently only available in Oshakati and Windhoek. The ministry also wants to improve its electronic system.
Additionally, she said the ministry aims to make the documents for registering deceased estates more user-friendly, as they are currently too complicated.
She also pointed out that the law dates back to 1965 and is therefore outdated. She believes the law is complex and contains several loopholes.
‘Revolutionary’ ideas
Furthermore, the law consists of smaller pieces of legislation; for example, the Rehoboth area has its own proclamation that applies to the administration of estates.
“What we aim to achieve with this repeal is to combine all these separate pieces of legislation into one law.”
Dausab also announced the ministry intends to introduce a new aspect that she believes is “revolutionary.” This relates to the self-review of decisions.
She believes this amendment will prevent people from having to approach the court to review a decision.
“The law does not allow you to go back on a decision you have already made, but we want to include an aspect in the law that allows you to revisit your decision in cases where there is a compelling reason,” Dausab explained.
Integrity of process
Dausab further explained that the ministry has also received numerous complaints related to the abuse and mismanagement of assets. Therefore, there are plans to introduce legislation aimed at estate practitioners.
“This law will give the master more power to address issues concerning estate practitioners. We are now seeking qualified individuals. We are looking for trust accounts. We want security,” she emphasised, adding that practitioners will also have to adhere to strict deadlines or there will be penalties.
“Even before the executor of the estate is appointed, people will start selling off assets. Therefore, we want to protect the integrity of that process.”
– [email protected]
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