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The New Heritage Party (NHP) has expressed concern over the recent procedural change that places the administration of deceased estates exclusively under the High Court’s Probate and Administration Division.
While acknowledging the likely intent to enhance legal oversight and uniformity, NHP Vice President, Samuel Kasankha, said the current implementation may unintentionally limit access to justice—particularly for low-income families and vulnerable dependents.
In a statement issued on Saturday, Kasankha noted that, previously, citizens could apply to be appointed as administrators of estates through relatively accessible and cost-effective processes in the Subordinate Courts.
He explained that applications could be made before Commissioners for Oaths, especially in uncontested matters, within a single court sitting.
“The new requirement for all matters to be processed through the High Court introduces higher legal costs, longer timelines, and increased procedural complexity,” he said.
Kasankha observed that there had been limited public communication explaining the rationale behind the shift or how the new system would support citizens who may struggle to meet its demands.
He added that while the Legal Aid Board may assist eligible applicants at no legal cost, families still face administrative fees that can total upwards of K4,000.
“The shift to a more formalized process may result in longer timelines, negatively affecting families who rely on timely access to the deceased’s estate for survival. We are aware of a case in Mansa which has dragged since August 2024,” Kasankha said.
He also raised concerns that although High Court probate registries exist in provincial capitals, citizens in remote or rural areas face significant logistical and financial barriers in accessing them.
Without legal representation, the process can be difficult to navigate, potentially excluding those without adequate legal knowledge or resources, he added.
“There is a risk that widows, orphans, and other customary heirs may be unable to access needed support in a timely manner due to procedural bottlenecks,” Kasankha warned.
To address these challenges, he proposed a Dual-Track System, allowing Subordinate Courts to continue handling uncontested or small-value estates, while the High Court retains oversight of complex or disputed matters.
He further recommended the introduction of simplified, low-cost procedures for small estates through subsidiary legislation, and called for an assessment of accessibility beyond provincial capitals—potentially through mobile probate services.
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