The Administration of Estates Amendment Act, 2024, which came into effect on 24th February 2025, introduces important changes to the Administration of Estates Act. One of the key changes is the establishment of the Master’s Office Board, tasked with overseeing the operations of the Master’s Office to ensure its independence. This move aims to increase transparency and accountability in the administration of estates. The amendment also outlines a new procedure for the appointment of professional executors, ensuring that only qualified individuals are appointed to manage estates. Additionally, the amendment now requires that consent to sell estate property must be obtained from the High Court through an application process. These changes are intended to streamline the estate administration process while introducing greater checks and balances.
Additional Masters of High Court
The amendment also introduces the position of Additional Masters of the High Court, who will head the various divisions of the Master’s Office. Currently, the divisions of the Master’s Office are located in Bulawayo, Chinhoyi, Chitungwiza, Gweru, Mutare, and Masvingo. While the office of the Master of the High Court remains a public office, it is no longer considered part of the Public Service, reflecting a shift towards greater independence and efficiency in the administration of estates.
The Master’s Office Board
The amendment further introduces the Masters Office Board which shall consist of the Chairperson, appointed by the Minister of Justice, Legal and Parliamentary Affairs, the Master of High Court and not more than seven other members to be appointed by the Minister in terms of the ne section 4A of the Act.
The Board shall exercise functions including but not limited to the following;
- determining the policies and principles regarding the administration and supervision of the Masters Office
- employing members of staff to the Masters Office and determining their conditions of service
- Handling enquiries, complaints and grievances made by or against members and employees of the Office;
- exercising disciplinary powers in relation to members and employees of the Office;
Accordingly, the Masters Office is now an independent body regulating itself through the Board.
Appointment of the Executor Dative
The appointment of an executor dative is now required to be approved by the High Court before the issuance of letters of administration. In cases where there is competition for the appointment of an executor or where beneficiaries cannot reach an agreement on who should serve as executor, the Master of the High Court is required to file an application for a provisional order appointing a proposed professional executor, with reasons for the appointment clearly stated.
The application can only be opposed if all interested persons submit an affidavit confirming their agreement on the appointment of their nominated person as executor. Once the provisional order is granted, the Master must schedule the application for confirmation at the next earliest motion roll.
This new procedure for the appointment of an executor dative ensures transparency in the process, especially regarding the appointment of executors from the Master’s panel of estate administrators.
Sale of Property Otherwise than by Public Auction
The application for the Master’s consent to sell estate property will now be granted by the High Court upon application by the Executor. It is important to note the following;
- The application for a provisional order must be served on all interested parties
- It should be supported by an affidavit from the Master of High Court on the basis that it would be to the advantage of persons interested in the estate to sell any property belonging to such estate otherwise than by public auction; or that all claims of creditors against the deceased estate as have been lodged with the executor will be better met if any property belonging to such estate were sold otherwise than by public auction;
- The particulars of the property should be placed before the court, that is, proof of ownership
- The application may not be granted if the judge is of the opinion that there is good reason not to grant the executor the authority sought, on the basis of an affidavit by any interested party to that effect
- Once the provisional order is granted, matter should be set down on the motion roll for confirmation.
The new procedure for obtaining consent to sale estate property ensures transparency and accountability on the part of the Executor to avoid abuse of estate property.
Removal of Executor
Where an application is made to the High Court for removal of an executor from office, the executor is required to vacate office immediately upon being served with the application and the Master shall be deemed to act in their place until the application is determined. This is to protect the interests of the beneficiaries and to ensure non-interference by the Executor in relation to the proceedings.
General Comments
The amendment gives the High Court power to control the powers of the Master of High Court in relation to appointment of executor datives as well as issuance of consent to sell estate property. The provisions are very crucial in the administration process to ensure transparency and accountability.
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Read the original publication at Muvingi Mugadza
