LEGAL MATTERS: Unpacking the Admin of Estates Act

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THE area of Estate management for natural individuals has not been discussed in this column for a long time and this week, I found it worth the while to give a summarised exposé of the crucial area of law.
The Administration of Estates Act [Chapter 6:01] provides in detail, the procedures that one has to pursue when attempting to administer an estate.
It is important to mention at this stage that whereas natural individuals who die have their affairs administered by the above cited statute, corporates and other unnatural persons going into liquidation have their affairs administered by the Insolvency Act [Chapter 6:07]. Not every deceased person is expected to have his estate registered. Only persons dying leaving property, whether movable or immovable, must have their estates registered.

The purpose for registration is that the issue of the assets must be dealt with fairly for the benefit of creditors and beneficiaries to the estate. Such administration is supervised by the Master of the High Court but presided over by an Executor/Executrix who reports regularly to the Master. Had this situation not been provided for by law, beneficiaries of the Estate and creditors would tear each other apart and dissipate assets of the deceased without regard to the interests of others. The law exists therefore, to bring order and sanity to the issue of distribution of the deceased’s estate assets as well as settlement of debts, to creditors. The office of the Master of the High Court operates in every region of the country where our High Court sits.
Elsewhere, there are assistant Masters of the High Court who operate at designated Magistrates’ Courts of civil jurisdiction.
Upon death of an individual, the Master must be served with a death notice by the nearest relative or friend of the deceased and this notice must be given within 14 days of the demise of the deceased. This death notice is published by the Master in a newspaper circulating in the area as well as in the Government Gazette. The costs for publication of the notice are borne by the relative or friend seeking registration of the estate. If the deceased was married, the surviving spouse is expected by the Master to prepare an inventory of all property, goods and effects, movable and immovable of what kind so-ever which at the time of the death, formed part of or belonged to the estate.