WILLEMSTAD – Long waiting times in inheritance procedures are causing growing frustration in Curaçao, with some cases taking months or even years to resolve, leaving heirs without access to assets and funds.
According to Katherine Filesia, candidate civil-law notary and partner at Notariskantoor Chatlein, the delays are often linked to the complexity of older estates. She explained that many inheritance cases date back decades, requiring extensive legal research to determine applicable laws and rightful heirs.
“I am currently handling an estate where the first deceased dates back to 1949, and even one from 1895,” Filesia said, highlighting the scale of the challenge. Each case requires tracing historical legal frameworks and identifying all individuals entitled to a share.
A key factor contributing to the delays is the lack of wills. Filesia noted that many people on the island do not prepare a testament or consult a notary in time. Families often rely on informal agreements and only seek legal assistance years later, typically when a property needs to be sold or formalized.
Without a will, the process becomes significantly more complicated, requiring detailed investigations into family structures, including former partners or unrecognized children. In many cases, the search for heirs extends beyond Curaçao, involving international inquiries and cooperation with foreign institutions.
Filesia emphasized that the issue is not solely the responsibility of notaries. The process depends on multiple parties, including banks, government agencies, and other institutions that must provide documentation before a case can proceed. This can create bottlenecks and contributes to the perception that notaries are responsible for delays.
Capacity constraints also play a role. Notary offices are dealing with heavy caseloads, compounded by a shortage of specialized support staff needed for research and administrative work. According to Filesia, increasing the number of notaries alone would not resolve the issue without strengthening supporting teams.
The impact on residents can be significant. Heirs often face delays in accessing bank accounts or property, while homes can remain unsold for years. Real estate agent Brigitte Brunet de Rochebrune described cases where transactions stall despite complete documentation.
In one instance, a property sale intended to cover medical expenses following a stroke was delayed for over a year, during which the owner passed away. The surviving spouse was then forced to restart the entire legal process, further delaying access to funds.
Experts say greater awareness could help ease the problem. Encouraging individuals to draft wills and seek notarial advice promptly after a death could significantly speed up procedures.
For the short term, Filesia points to solutions such as increasing capacity, improving coordination between institutions, and further digitalizing administrative processes to reduce delays and improve efficiency in handling inheritance cases.