The Master of the High Court, responsible for the administration of deceased estates and trusts, started rolling out its long-awaited digital transformation in 2023, when the Department of Justice launched an online portal.
“We cannot hide the fact that we are delighted [with the system],” Xola Nqola, chairperson of the portfolio committee of Justice and Constitutional Development, told Daily Maverick.
In response to complaints about long queues, unreliable and slow systems, loss of client documents and poor infrastructure at some offices, the portfolio committee committed in September 2024 to closely monitor a seven-point turn-around plan for the Master’s Office, including the roll-out of the online system.
Nqola said that the committee’s oversight had actually paid off because the Master’s Office had been facing several challenges, including “manual file-keeping and difficulty in tracking ongoing matters”.
Read more: Chaos at the Cape Town Master’s Office, with life and death consequences
Nqola confirmed that while the department has implemented the system, the committee is awaiting further updates on its real-world performance after the current constituency period.
“When we come back, we will ask to get an update from the department on what the challenges are, what the success stories are, and how many matters they have been able to finalise,” Nqola said.
System challenges persist
While the system has been widely hailed as a step forward, legal practitioners warn that it remains far from a complete solution.
“The digital system makes it easier to access and submit documentation, which is a win,” said Stacy Rouchos, managing director of Bannister Trust and an estate planning adviser, adding: “but in practical terms, we’re still seeing turnaround times for letters of executorship stretch to six weeks or more”, far beyond the department’s stated 21-working-day target.
The new system offers features designed to enhance transparency and security, such as SMS and email updates and the introduction of QR codes on letters of authority and executorship to help financial institutions instantly verify documents and cut fraud risk.
Rouchos described this as “a simple but powerful feature […] the kind of change we need more of – changes that reduce risk, increase transparency, and eliminate unnecessary back-and-forth.”
Rolling out with limitations
She pointed out that only new deceased estate and inter vivos trust registrations are currently supported on the platform. Amendments to existing trusts and most older estate matters still require manual, in-person submissions.
“In Johannesburg, we’re seeing encouraging traction. But in Cape Town and Pretoria, processes can be significantly slower and less reliable,” she said, stressing that uneven roll-out undermines public confidence in the system’s potential to transform service delivery.
Liz Carey-Wessels, an advocate at the Cape Bar, said while she does not work directly with the Master’s Office or its digital system, her involvement in estate administration through litigation has given her firsthand insight into its challenges. “The system remains difficult to use,” she said.
Carey-Wessels explained that while attorneys use the online Master’s Office internet portal mainly to search for records, delays in issuing documents persist and files are frequently misplaced or lost – often during the digitisation process. She noted there is uncertainty about the criteria for digitising files, which contributes to the ongoing challenges.
Consequently, her routine advice to attorneys is that they should always request physical records directly from the Master’s Office.
Real-life impact
These systematic issues have left families waiting years for estates to be wound up – often two to five years – with significant financial implications during vulnerable times. Post-death tax clearance certificates from SARS can take three months or more, compounding delays.
“Clients are understandably frustrated when they hear about a new digital system and assume it means speed and efficiency – only to find that half the process is still offline and beyond their control,” Rouchos said.
Some progress
Kgalalelo Masibi, chief director of communication management at the Department of Justice, said the department remains committed to reducing manual processing times and enhancing service delivery.
Despite the many challenges encountered by attorneys and other system users, Masibi noted that “early indications show promising improvements in turnaround times and overall efficiency”.
She added that the department is prioritising data security and actively engaging stakeholders – including trust companies, the legal profession, and banks – to facilitate a seamless transition.
Hope amid the challenges
Despite the current shortcomings, Rouchos says she remains hopeful that improvements in project management, staff training and full national roll-out will unlock the system’s promise.
“There’s no question this system has potential, but potential alone isn’t enough. [...] It must deliver in practice – across all provinces, all file types, and all users.”
In the coming months, the Department of Justice is expected to update Parliament on system performance, user experience, and ongoing steps to address longstanding operational challenges. DM
The office of the Master of the High Court in central Cape Town. (Photo: Supplied) 