LEGAL
Bryan Hack
Advocate Bryan Hack( hack @ capebar. co. za) addresses the reality of the administrative failures and costs behind the bottlenecks at the Master’ s Office, affecting deceased estates administration, including property transfer.
Handling fixed property in a deceased estate is of key importance and should be simple: just follow the rules laid down in South African law 1. Yet the implications of the process, the practical constraints faced by appointed executors in following due process, and the circumstances in which many beneficiaries find themselves are often not comprehended by property professionals, owners, or heirs. In reality, it can take years for a property transfer to be completed.
This is prejudicial to heirs or purchasers of real estate for development from deceased estates, assuming that everybody obeys the law.
A legal view of the state of the law
It is broadly accepted that Benjamin Franklin wrote in a letter in 1789:“... in this world nothing can be said to be certain, except death and taxes.” It can equally be said that there are few persons who have not encountered the Office of the Master of the High Court.
With the death of a loved one, it is inevitable that the winding-up of the estate depends on the co-operation and efficient functioning of the Master’ s Office to provide the necessary formal documentation.
Many will at some point be heirs, hold estate assets, or require formal documents from the Master in another capacity. Commonly, the process causes endless frustration and delay.
Frustratingly, there is much documented criticism from highly regarded sources, followed by promises and undertakings from key elements of government and civil society to naught avail.
The latest legislative review
On 24 November 2023, Parliament’ s Portfolio Committee( PC) on Justice and Correctional Services 2 received an update on the challenges facing the Masters’ Offices and a turnaround plan. The PC was briefed by the Law Society of South Africa and the Department of Justice and Constitutional Development on the way forward. They heard complaints that included long queues, unreliable and slow systems, lost client documents, poor infrastructure at some offices, load shedding, and backlogs.
Action promised to legislators
In response to the challenges experienced by users, the Masters embarked on a turnaround process focused on modernising and transforming their services. Five key strategic interventions were identified, and work had begun on these initiatives.
Concerns raised by stakeholders include a lack of leadership and service-delivery, ineffective email correspondence, unanswered telephones, unreachable officials, misplaced files, unfilled vacancies, allegations of bribery, directives issued without consultation, a lack of accountability, and a lack of transparency regarding insolvency examinations.
The PC also was briefed on the turnaround plan. That was three years ago.
The present
My experience is quite simply that nothing has improved. If anything, the situation has become worse. This year alone, I have had to draft and argue urgent applications to obtain orders compelling the Master to issue formal documents that my clients have been trying to obtain for more than 12 months. In each instance, the Master did not oppose the application. As soon as the order was served, the documents were provided. In each case, my clients were awarded costs, payable by the Master, or more accurately, by taxpayers.
I have also received inquiries as to what can be done to compel the Master to perform its duties. Many affected parties do not have the financial resources to litigate.
In another instance, I was told that officials in the Cape Town Master’ s Office have replied to repeated requests for a document with:“ The more you harass me, the longer it will take.”
Numerous articles in legal journals and the press repeat the same crisis. The only solution may be to keep this unsatisfactory situation in the public eye until action is taken.
This is not something that affects only certain parts of the population. Almost all will eventually need the Master’ s Office.
Bryan Hack
References 1. Administration of Estates Act( Act No. 66 of 1965), incorporating amendments updated to 2024. 2. Parliament of South Africa,“ Justice and Constitutional Development Committee to closely monitor turnaround plan for Masters’ Offices”, 24 November 2023.
56 spring 2026 | www. tobuild. co. za