Ministry of Justice engages legal fraternity on Estates Act

Sharon Kavhu

Windhoek - The Namibian Government, through the Minister of Justice and the Master of High Court, on Tuesday engaged the legal fraternity regarding the amendment to the Administration of Estates Act (Act No. 66 of 1965).

The changes to the legislation are aimed at consolidating and amending the law relating to the liquidation and distribution of the estates of deceased persons, the administration of trust property given under the control of any person by a deceased person, and of the property of minors and persons under curatorship, and of derelict estates; to regulate the rights of beneficiaries under mutual wills made by any two or more persons; to amend the Mental Disorders Act, 1916; and to provide for incidental matters.

Justice Minister Sackeus Shanghala said the purpose of the meeting was to hear the concerns regarding the Act and balance the interests of the legal fraternity and beneficiaries being protected by the legislation.

“For the avoidance of doubt, all we are doing is to further protect the interest of minor heirs and legatees from themselves; from unscrupulous family members and other third parties; as well as from capitalist opportunism,” said Shanghala.

He said the legal fraternity is run on a capitalist system with the sole aim of making money and his ministry aims to protect the beneficiaries.

The minister also described himself as an open and transparent person who saw the need to a rational consultation and engagement on the Act. He said the engagement is also a way to drown the noise created by some newspaper articles published on the matter.

After the engagements, Shanghala said his ministry will consider the concerns raised during the session and take the matter under advisement and act accordingly.

“As I have done in the past, should anything emanate from this consultation, I will be making a Cabinet submission, ministerial statement and all relevant documentation will be posted on the ministry’s website,” he said.

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