Wills & Estates

Wills and estates

You won’t always be around to take care of your family and loved ones.  A thoughtful and well-tailored Will can ensure that the assets in your estate are distributed in a way that best serves your wishes to look after the special people in your life once you’ve passed away. Contrarily, dying without a valid Will will cause your estate to devolve on certain heirs, intestate, which is unnuanced and does not take your unique relational dynamics into account.

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.

At Cronjé Inc we not only take care to make sure your Will complies with the requirements set out in the Wills Act 7 of 1953; our team of experts employ creativity and empathy when planning your Will and Estate in ways that keep administration costs at a minimum while maximizing the benefit of your legatees and heirs. We’re also happy to retain a hard copy of your original Will in fireproof safe-keeping.

Should you require a new will, you are invited to complete the form at the following link: WILLS FORM

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.

Deaths/ Deceased Estates

Upon the death of a person, his/her estate needs to be reported to the office of the Master of the High Court of Namibia. The ensuing procedure is in principle governed by the Administration of Estates Act 1965 of 1966, and/or, where applicable, by the Administration of Estates (Rehoboth Gebiet) Proclamation 36 of 1941 and Intestate Succession Ordinance 12 of 1946.

The proper administration of a deceased estate requires a variety of skills including regulatory and tax compliance, conveyancing, and asset management. Our Estate Administration Attorneys at are well-versed in all these disciplines and can, accordingly, bring the administration of a deceased estate to finality with expedience regardless the complexity of the estate.