Master’s Office's 21-day turnaround target — if there’s no infighting among relatives

13 March 2023 - 10:11
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People queue at the Master's Office in Pretoria. Some are returning to enquire about their claims or try to obtain a letter of executorship.
People queue at the Master's Office in Pretoria. Some are returning to enquire about their claims or try to obtain a letter of executorship.
Image: Rorisang Kgosana

Family disputes, a cumbersome filing system and load-shedding are the leading causes for delays when winding up a deceased estate with the Master of the High Court.

This after government late last year cleared up the Covid-19 backlog and restored its systems after a September 2021 cyberattack. 

At the Pretoria Master's Office, Shudu Nedzamba, 28, a Limpopo woman, was returning to try to get a letter of executorship over her late mother's assets.

While she only queued on chairs lined up outside the building for about 30 minutes, Nedzamba walked empty-handed out of the office 10 minutes later. This was the fourth time she had been to the Master's Office since October last year.

Her mother, 52, was the breadwinner and Nedzamba said she is struggling to assist her younger brother, who is studying at the University of Free State. Taking time off from her admin job to go to the Master's Office has become a costly and so far fruitless exercise. 

“My uncle, my mother’s brother, is fighting with us for my mother’s money. All I need is a letter of executorship so we can sell her house. If it wasn’t for the family dispute  I wouldn’t be coming here,” she said.

The process to administer a deceased estate is well-regulated but it can be “impossibly” lengthy in some cases, according to the Fiduciary Institute of South Africa (Fisa).

One common cause of delay is the misplacing of estate files and documents at the Master's Offices, said Fisa member Katherine Gascoigne of Gascoigne Randon and Associates.

“Once a file is lost, the Master requests a duplicate file which is supplied by the executor, creating a burden on an already overburdened system. If an immovable property is from an estate, the Master has to consent to this before registration may take place. As a result of hardware issues and staff complement, delays are often experienced in requesting copies,” she said.

This is what happened to Nedzamba when she returned in November to check the status of her application for a letter of executorship.

“I came here in October and they said I have to submit documents, which I did. I returned and they told me to submit the same documents again, which I did. In November I went back and was told to return in January. When I returned in January, I was told they are working on my file.”

As an executor, she would have to rely on the co-operation of financial institutions, employers of the deceased, the SA Revenue Service, the department of home affairs, the courts, the Government Printing Works and the Master.

These can come with technical glitches, explained family lawyer Nathi Mkhize of Mkhize Attorneys.

According to attorneys, it is better for individuals to get legal assistance as the Master's Office experiences delays.
According to attorneys, it is better for individuals to get legal assistance as the Master's Office experiences delays.
Image: Rorisang Kgosana

“Load-shedding is one of them. Even if you remove load-shedding, the system is linked to the home affairs system which doesn’t work almost every second day, meaning it won’t work at the Master's Office. The process could take three months or more.

“It is very unfortunate. It is a very old system which is overloaded and there is no attempt to improve the system. The way things were done 10 years ago is still happening today.”

One solution is to go to the high court to apply for an order to make the Master's Office do its work timeously.

This is what Francois Bouwer of WFB Attorneys did when he got an order to get the Master's Office to make two copies of documents required for a client after many failed requests.

“A mandamus court order compels the Master to issue the letter of executorship. After Covid-19, we had a lot of these applications and then things got better. But as a private individual, or an applicant for a letter of executorship, your only protection [if there are problems] is to go to the court for further assistance.”

This legal action is at the cost of the Master's Office, which may end up paying up to R40,000 in legal fees.

Securing assistance from a lawyer or a fiduciary officer is at a cost of 3.5%, as prescribed in the Administration of Estates Act, he said.

“You can come to a different agreement. If you have a will, you can appoint someone to be an executor on condition they do the estate on a value of 2% of the estate,” he said.

But attorneys struggle with the poor communication and the alleged failure by the Master's Office to answer calls and respond to emails.

Charnie Joubert of Tiaan Joubert Attorneys said telephones at the office are either out of order or seldom answered.

“Communication is of a poor standard and mostly non-existent. Attorneys are being referred to different personnel at the Master's Office by senior officials when results are not achieved.”

Should an attorney succeed in getting answers, a file has to first be drawn manually by hand, which takes a few days. The attorney would then have to follow up again before the file goes back into the system, Joubert said.

“Attorneys are not allowed inside the Master's Office, thus no personal contact is allowed to solve the communication gaps. This is not in the best interest of the public. An estate is more than just administration. Human beings are affected by this maladministration” she said.

The turnaround time to issue letters of executorship is 21 days as per the department of justice and correctional service’s strategy, said the department’s spokesperson Steve Mahlangu.

He said once the Master has issued a letter of authority for assets costing R250,000 or less, the matter is considered finalised and the Master can direct how the estate can be administered.

Should the value of the assets exceed R250,000, the Master will issue letters of executorship for the estate to be wound up, Mahlangu said.

“After the period of 21 days has lapsed and there were no objections, the Master can then give permission to the executor to distribute the estate.”

According to Mahlangu, delays in finalising the administration of estates can be due to infighting among the heirs or high court applications which contest the validity of the will, paternity or marital status.

“Each case is dealt with on its own merits. For any complaints or enquiries relating to the Master's matter, kindly contact the relevant Master's Office. Please note, you should first contact the appropriate office where the matter has been reported directly,” he said.

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