Deceased Estates

2017-11-21

THE MASTER'S OFFICE supervises the administration of deceased estates to ensure an orderly winding up of the financial affairs of the deceased, and the protection of the financial interests of the heirs.

The Master’s authority and powers is described in the Administration of Estates Act 66 of 1965 (as amended).

The recent history of the supervision of the administration of estates in Namibia is divided into three periods.

In the first period before 14 July 2003, the date when the Berendt decision came into operation the responsibility to supervise the administration of deceased estates was divided along racial grounds and geographical boundaries.

The Master of the High Court supervised the administration of White, Coloured, Asians and testate Black estates. The Master’s authority and powers were (and still is) described in the Administration of Estates Act 66 of 1965 (as amended). The Estates of Black persons who died intestate were supervised by the Magistrate in whose area of jurisdiction the deceased resided and the estates of Basters of the Rehoboth Gebiet were supervised by the Magistrate of the Rehoboth district in terms of Administration of Estates (Rehoboth Gebiet) Proclamation 36 of 1941.

In the second period, between 14 July 2003 (Berendt decision) and 29 December 2005 (when the Amendment Act came into operation), the Master of the High Court had concurrent jurisdiction with the Magistrates in the estates of Black persons who died intestate. It was open to any party to the administration of an estate to request the Master of the High Court to supervise the estate in question in terms of the Administration of Estates Act.

The third period, after 29 December 2005 (when the Amendment Act came into operation) brought only procedural changes. The Amendment Act brought about the following major changes:


The Master of the High Court will supervise the administration of all deceased estates irrespective of racial grounds or geographical boundaries.

All estates must be administered in terms of the Administration of Estates Act 66 of 1965 (as amended).

Magistrates supervises intestate estates with a value less than N$ 100,000.00 for the purpose of assisting in the performance of the Master’s functions intestate estates.

The Master and Magistrates must apply the specific rules of intestate succession which were applicable to a specific group before the Amendment Act came into operation:
 

• Intestate estates of the Baster persons of the Rehoboth Gebiet must be divided in terms the rules set out in Schedule 2 of the Rehoboth Proclamation.
• Intestate estates of Whites, Coloureds, Asians and Blacks married in terms of civil law (with the exception of black persons married out of community of property without an antenuptial contract in the area north of the Police Zone) must be divided in terms of the rules set out in the Intestate Succession Ordinance 12 of 1946 (hereinafter referred to as the Intestate Succession Ordinance).
• Intestate estates of other Black persons must be divided in terms of the customary law including black persons married out of community of property without an Antenuptial contract in the area north of the Police Zone.