Notaries recommit to tackle Africa’s inheritance disputes.

This was during the 32nd edition of the African Notaries Congress held in Yaounde. The congress ran from October 25 to 27. 

The event organised under the theme: “Inheritance law and the emergence of Africa: Preventing and settling inheritance disputes”, was presided at by the Minister Delegate to the Minister of Justice and Keeper of the Seals, Jean De Dieu Momo.

It was coordinated among others by revered Cameroonian notary, Prof Henri Modi Koko Bebey.

During the congress, the over 300 participants who featured in the event said they are committed to adopting new result-oriented guidelines capable of helping the legal minds better handle inheritance crises which are increasingly gaining grounds as a negative influence on Africa’s emergence drive. 

Prioritising ICT, legal adjustments…as solutions

According to the notaries, they have through the Yaounde congress, agreed amongst other things, to push for adjustments to be made to the existing legal guidelines controlling the functioning of notaries and the use of the ICT as the way forward in easing their tasks.

In the field of ICT, the officials said they will be doubling their efforts in ensuring that the civil status is computerised while wills are also done digitally to prevent any forms of manipulation that may disrupt dispute prevention or settling. 

They also highlighted the need for the abolition of the private deed in favor of the authentic deed issued by a notary, and the appointment of a commissioner judge to settle disputes through arbitration or mediation.

The notaries also said they would be pushing for adjustments to be made in the convention on inheritance. 

In this regard, work will be on ensuring there is compliance with the convention on inheritance rights.

Another major resolution arrived at during the Yaounde meeting, the authorities said, was the agreement that mediation be made compulsory between heirs before disputes are referred to courts with the aim of limiting the number of inheritance dispute cases heading to courts. 

Other resolutions arrived at during the three-day session were the announcement of the need to draw up a code of procedure for inheritance matters and the establishment of a network of notaries.

The property facilitating experts also talked about the creation of a platform for notarial matters as well as the introduction of collaborative instruments to encourage the creation of genealogists in each country. 

Regine Dooh Collins: President of Cameroon National Chamber of Notaries

Timely step

Speaking in an interview at the end of the congress, the President of the Cameroon National Chamber of Notaries, Regine Dooh Collins, expressed gratitude to all the participants that featured in the Yaounde congress. 

Dooh said the meeting was timely and has given the continent’s notaries to better join in the inheritance dispute prevention and settlement which has in recent years, stood as a destructive factor in the continent’s emergence drive.

“Although we were unable to get to the heart of the matter, we did deepen the debate on the state and future of inheritance law in Africa. Indeed, in our respective countries, there is the same concern and a permanent challenge to take up in matters of inheritance,” Dooh said.

“The common concern is positive because we are looking for ways and means to ensure the systematic intervention of the notary, the protection of the law of succession and to guarantee the rights of the heir,” she continued.

Dooh said the notaries are looking forward to assembling their resources together to ensure the outlined objectives are met.

“The common challenge, meanwhile, is to rationalize the scattered and tangled sources of inheritance law to produce a body of standards adapted to African realities,” she added.

Initiative bold, well-targeted

In an interview at the close of the works, the Minister Delegate to the Minister of Justice, Jean De Dieu Momo lauded the African notaries and their partners for organizing the Yaounde come together.

He described the move as a bold and well-targeted move designed to properly handle a situation that is putting the entire continent on guard. 

The next African Notaries Congress will be held in Morocco in December next year.