Wills and Estates

We are able to provide innovative and practical advice regarding Namibian Estate Planning.

In addition to the drafting of Namibian Wills, we provide a comprehensive Namibian estate planning service. This involves assisting clients to effectively structure their estate as to enjoy optimal balance regarding risk, taxation and protection while maintaining an effective management structure. We further appropriate instances assist clients in incorporating a Namibian Trust Structure into their estate.

We regularly draft Namibian Wills.  To this extent we have incorporated an electronic  form in order to allow clients to easily submit the information required for a Namibian Will.   You are invited to contact us per e-mail or to complete the following form should you require a Namibian Will: Form for a New Namibian Will

Wills in Namibia are regulated by the Namibian Wills Act 7 of 1953 as well as by the common law.

In terms of Section 2 of the Namibian Wills Act, for a Namibian Last Will and Testament to be validly executed in Namibia it must be in writing and it must further comply with the following conditions:  
- The Namibian Will needs to be signed by the testator on each page and at the end of the text on the last page [a signature does not include initialing the will]; and;
- The Namibian Will is to be signed by the testator in the presence of two competent witnesses who need to sign the will in the presence of the testator and of each other.

In terms of Section 4 of the Namibian Wills Act, any person [who is able to appreciate the consequences of his actions]  who is over the age of sixteen years may make a will. The burden of proof to indicate that a person was mentally incapable at that time of executing the will shall rest on the person alleging the incapacity.

It is further important to note that the witness to a will shall be incapable of receiving any benefit from a Namibian Will.

There are further a number of situations arising from common law under which persons may be disqualified from inheriting in terms of Namibian law. A few of them are:

1. A person who has unduly influenced the testator to give him a benefit under the will.
2. The person who has caused the death of the testator. This rule is derived from the principle known as “Die Bloedige Hand Erft Niet” 
3. A person who has concealed the will of the testator 
4. The person who writes or types the will. 

The Process of administering Namibian deceased estates is regulated by the Namibian Administration of Estates Act. The administration of Namibian estates is supervised by the Master of the High Court in Windhoek. 

In order to report a deceased estate in Namibia you are required to submit certain documents to theMaster of the High Court. Unless the nominated 
Namibian Executor is exempted from filing security the Namibian Executor is required to provide sufficient security. If the nominated Namibian Executor is not a recognised Namibian estate administrator the Master of the High Court will require that a recognised Namibian estate administrator is to be appointed as agent to administer the estate. 

Once all the Masters reporting requirements have been complied with, the Master will issue a Namibian letter of executorship, authorising the Namibian executor to administer the Namibian estate in terms of the provisions of the Namibian Administration of Estates Act.

The Namibian Executor is required to publish a notice to creditors, requiring all creditors of the Namibian Deceased Estate to submit their claims against the estate within 28 days of the date of publication of the notice. Once all creditors have submitted their claims, the Namibian Executor is required to report to the Master of the High Court regarding the solvency of the estate. Insolvent Namibian Estates have different administration requirements than have been stated herein.

The Namibian Executor is thereon tasked with collecting all assets of the Namibian Estate and to thereon prepare a liquidation and distribution account. The liquidation and distribution account is to set out the assets, liabilities and manner for distribution to the heirs of the Namibian Estate. The liquidation and distribution account is to comply with the requirements set by the Master of the High Court as well as the regulations of the Namibian Administration of Estates Act.