Masters of problems - why there are so many hurdles in estate planning

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The office of the master of the high court is a critical institution, managing trusts and deceased estates. 

For those who don't know, The Masters' Offices are responsible for registering and supervising the administration of deceased estates, registering and administering various forms of trusts, administering the Guardians Fund, appointing curators, and liquidations. One of their main functions is to ensure an orderly winding up of the deceased's financial affairs and the protection of the financial interests of the heirs.

But, I have faced a couple of problems as a fiduciary manager dealing with the Masters' Offices.

An investigation by GroundUP revealed the issues lawyers face with the office, prompting the Department of Justice to develop a recovery plan to improve service delivery.

However, this begs the question, what are these issues?

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Accessibility

One of the significant issues deceased estate administrators and trust practitioners face is the lack of accessibility. Telephone calls and emails often go unanswered, and there needs to be more responsiveness due to ongoing load-shedding and a lack of staff. 

Often, files are misplaced and need to be reconstructed, resulting in further delays in completing their duties and functions. 

Employment concerns

Another significant issue is the need for more qualified staff to handle matters and queries.

There is a constant shortage of staff, and this, coupled with the ongoing load-shedding and network issues, has led to an increased delay in the finalization of various matters, such as the distribution of assets and the registrations and amendments of inter-vivos trusts.

Lack of internet  

The Masters' Offices have further faced various cyber-attacks, which have caused significant breaches in their security and network systems.

As a result, many estate controllers have advised that this is the reason for a lack of email response. However, this justification does not mitigate the frustration faced by many who frequent the Masters' Offices. 

How this affects you

The delays at the Masters' Office have become so prevalent, and the Law Society of South Africa (LSSA) has on various occasions implored upon the Minister of Justice and Correctional Service, the Deputy Minister of Justice, as well as the Chief Master with a view of finding meaningful solutions, with little or no success.

The LSSA has made the following recommendations to assist in resolving some of the issues experienced at the Masters' Offices:

• All master's offices must be directed to embrace electronic communication. This would be a meaningful intervention and significantly improve turnaround times for the administration of estates.
• Legislative changes should be made as soon as possible to facilitate this. The proposed amendments relating to the Administration of Estates Act 66 of 1965 and the Trust Property Control Act 57 of 1988 should be considered.
• All vacant posts need to be filled urgently.
• All officials should receive training to enhance efficiency and customer satisfaction.

It is essential to stay informed regarding updates on wills and deceased estates at the masters' offices to receive the transparency and accountability you deserve.

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