Funds to stamp the documents to be lodged in the Court. If the value of the estate exceeds $3,000,000.00 the application for the Letters of Administration will be done in the Supreme Court. It costs $5,000.00 to stamp the Oath of Administrator. With regards to the stamping costs for Grant of Letters of Administration in the Supreme Court, a new “flat fee structure” came into effect on August 22, 2016 under the Supreme Court (Commercial Division) (Fees) Rules 2016 . The “flat fee structure” ranges between $5,000.00 and $25,000.00 and the amount assessed as payable is dependent on the value of the estate. Prior to this stamping cost for the Supreme Court was 3% of the net value of the estate. Under the 1999 amendment to the Administrator-General’s Act, pursuant to section 23A the Administrator-General is empowered to request the release of funds from institutions holding assets for the estate, prior to the grant of Administration, to meet the costs associated with the application or to assist beneficiaries.

Where the value of the estate does not exceed $1,500,000 applications for the Letters of Administration are filed in the Resident Magistrate’s Court where the deceased had his last fixed place of residence. The stamping cost is the Resident Magistrate’s Court is minimal.

The normal course of Administration

Once the grant of Administration is issued by the relevant Court, the Administrator-General (like other administrators) has the following duties:

To collect assets and pay debts:

It should be pointed out that all administrators and executors are entitled to a commission of 6% from the estate for their services, which is also paid before the distribution of the assets to the beneficiaries as well as Attorney’s fees.

Of crucial importance are statutory debts. Once the assets of the deceased include real property, shares and stocks, these are subject to the payment of transfer tax on death. Effective May 16, 2011 transfer tax on death is 1.5% of the value of assets but allowance is made for funeral expenses and mortgage debts to be off set. Transfer tax is to be settled prior to the sale or transfer of assets which it is applicable to. Provisions are made for certain eligible classes or relatives to seek an exemption from transfer tax on land. This is done when the property was the principal place of residence for the deceased and the applicant at the time of the death of the deceased or the matrimonial home where the spouse is the applicant.

Management, investment and preservation of assets until all minors attain the age of majority:

This duty is particularly applicable to the Administrator-General but also relates to Executors who may have been appointed trustee under the Will of the deceased of minor children. After the settlement of claims, the Administrator-General has this function before distribution simply because the estates under her purview contain minor beneficiaries, which preclude final distribution until the last minor attains majority. As such the Administrator-General has the additional duties to:In instances when the deceased was a majority shareholder in a company; it may be necessary for the Administrator-General to become registered as a shareholder in respect of the deceased shares, attend general meetings of the company and playing other roles deemed necessary in order to preserve the value of the shares for the beneficiaries.