Local Court To Appoint Administrators
By Dickson Jere
Finally, the government has taken first step to amend the Intestate Succession Act in order to give powers to the Local Courts and Subordinate Courts to handle appointments of Administrators with an incensed value of the estate.
Currently, the Local Courts can only appoint an Administrator if the value of the estate is ZMW50, which is absolutely academic as no estate can be fifty Kwacha in value in this economy. I have been a strong advocate on this matter and I am glad that the government has taken a step and Cabinet has approved in principle the amendment.
“These jurisdictional thresholds have not been revised since rebasing of the Kwacha in 2012, resulting in a substantial constriction of the jurisdiction of both the Subordinate Courts and the Local Court in succession matters,” read the Cabinet Resolution.
“This situation disproportionately affects citizens In rural and underserved areas, who more readily access Subordinate and Local Courts, due to their proximity and affordability,” the statement reads.
It is my hope that the amendment will also allow Registrars to act as Probate officers so that Letters of Administration and Probate should be quickly given out as opposed to the situation whereby only High Court Judges have authority. In most cases, families agree on the appointment of the Administrator without any dispute and therefore no need to go to the High Court for lengthy process.
The drafting of the amendment should also leave out the figures and amounts so that the Chief Justice can deal with such through Statutory Instruments as opposed to putting figures in the statute. I mean it I totally uncalled for to demand for Letters of Administration from the High Court when the only thing the deceased left is ZMW3,000 in Airtel money. To process the letters in the High Court plus transport and fees, it’s more than ZMW 5,000!
Well done government for taking the step towards helping the vulnerable. I will certainly appear in Parliament to provide my input in this Bill. It has been long overdue.