DESEASED ESTATE - MOJ
Deceased Estates
In order to ensure a smooth winding up of the deceased's financial affairs and the safeguarding of the financial interests of the heirs, the Master's office is in charge of the administration of decedent estates.
The Administration of Estates Act 66 of 1965 (as amended) outlines the role of the Master and his or her rights and responsibilities.
Three periods can be distinguished in Namibia's recent history of estate administration oversight.
Prior to July 14, 2003, the date the Berendt decision went into effect, the initial period in which the duty to oversee the administration of deceased estates was divided along racial and geographic lines.
The management of testate Black, White, coloured, and Asian estates was under the close supervision of the Master of the High Court. The Administration of Estates Act 66 of 1965 (as amended) provided a description of the Master's authority and functions, which is still in effect today. In accordance with Administration of Estates (Rehoboth Gebiet) Proclamation 36 of 1941, the estates of Black people who passed away intestate were overseen by the Magistrate whose district the deceased resided in, and the estates of Basters of the Rehoboth Gebiet were overseen by the Magistrate of the Rehoboth district.
The Master of the High Court shared concurrent jurisdiction with the Magistrates in the estates of Black people who passed away intestate during the second period, which ran from 14 July 2003 (the date of the Berendt judgement) to 29 December 2005 (the day the Amendment Act went into effect). Any party to an estate administration had the right to ask the Master of the High Court to oversee the administration of the estate in question in accordance with the Administration of Estates Act.
After the Amendment Act went into effect on December 29, 2005, the third period only brought about procedural modifications. The following major changes were brought about by the Amendment Act:
Regardless of race or location, the Master of the High Court shall oversee the administration of all deceased estates.
The Administration of Estates Act 66 of 1965 (as amended) must be followed while handling any estate.
Magistrates regulates intestate estates with a value of less than N$ 100,000.00 in order to help the Master in carrying out his or her duties.