WILLEMSTAD – Minister of Justice Shalten Hato has held discussions with Dutch legal scholar Professor Jan Biemans and representatives of Curaçao's notarial profession about the growing difficulties surrounding undivided estates, lengthy notarial procedures, and the legal obstacles preventing families from transferring inherited properties.
The meeting focused on estates that have remained undivided for decades or lack an appointed administrator, creating complicated legal situations for heirs and people occupying inherited land.
Minister Hato and legal scholar Professor Jan Biemans
In a social media statement, Hato described unresolved inheritances as a legal issue with significant consequences for Curaçao's community.
The minister said the discussions with Biemans, a professor of notarial law at Utrecht University, and local notarial representatives provided valuable insights into the challenges surrounding estate liquidation and the transfer of real estate.
According to Hato, addressing these problems requires cooperation, legal solutions, and careful consideration of how proposed measures can be implemented in practice.
The meeting comes as Curaçao continues to struggle with longstanding problems in its notarial sector, where complicated inheritance cases, administrative delays, and limited professional capacity can prevent families from settling estates for years.
Families Waiting Years to Settle Inheritances
The difficulties identified by Hato have previously been documented by local media.
In May 2026, Curaçao.nu reported that inheritance proceedings on the island can take months or even years to complete.
Katherine Filesia, candidate notary and partner at Notariskantoor Chatlein, explained that many cases involve estates dating back several generations.
She described handling inheritance files involving people who died in 1949 and even 1895.
Such cases require extensive legal research to determine which inheritance laws applied at the time of death and identify everyone legally entitled to a share of the estate.
The situation becomes particularly complicated when property has passed through several generations without formal division.
Children may inherit ownership interests from their parents, and those interests can subsequently pass to grandchildren and other descendants.
As a result, a single property can eventually have numerous heirs, some living abroad or unaware of their legal interests.
Without a clear agreement among the heirs or a legal mechanism to resolve the dispute, the property may remain difficult to sell, transfer, or develop.
Filesia also identified the absence of wills, difficulties obtaining documentation, and shortages of specialized support personnel as factors contributing to lengthy procedures.
Undivided Estates Contribute to Curaçao's Housing Problems
The consequences extend beyond individual inheritance disputes.
In October, Curaçao Chronicle reported on an analysis by Johan van Megesen, published through the Dutch Caribbean Economists platform, identifying unresolved estates as one of the structural obstacles affecting Curaçao's housing market.
According to Van Megesen, properties can remain empty or underused for decades because heirs cannot agree on ownership arrangements or complete the necessary legal procedures.
He argued that addressing Curaçao's housing shortage requires more than constructing new homes. Existing properties must also be made legally available for use, sale, or renovation.
The problem is compounded when families must obtain historical birth certificates, death certificates, and civil registry documents before a notary can determine who has the authority to transfer a property.
Van Megesen called for better coordination among government departments, notaries, and the judiciary to prevent inherited properties from remaining legally inaccessible for generations.
Recent Court Case Illustrates Legal Complexity
A recent ruling involving the Cas Abau or Zeegening property near Seru Fortuna demonstrates how complicated these disputes can become.
On October 22, the Court of First Instance of Curaçao ruled that Fundashon Cas Abau Zeegening, which had been appointed to liquidate an estate dating back nearly a century, acted unlawfully by removing fences and other property belonging to longtime occupants.
The foundation had begun preparing the land for subdivision and sale, but the court determined that it had failed to sufficiently respect the residents' possible ownership and occupancy rights.
The judge ordered the foundation to suspend further development activities on the affected section of land and restore certain features that had been removed.
Although the ruling did not establish that the occupants legally owned the property, it recognized that their longstanding use of the land could give rise to legal claims requiring further examination.
The case illustrates the difficulties that arise when estate administrators seek to settle historical ownership arrangements involving families who have occupied land for generations.
Government Already Pursuing Notarial Reform
Hato's latest discussions also follow an earlier government initiative aimed at modernizing Curaçao's notarial profession.
On May 13, 2026, the justice minister personally delivered draft legislation amending the National Ordinance on the Notarial Profession to Prime Minister Gilmar Pisas.
The proposal was intended to address persistent complaints about long waiting times and limited capacity within the notarial sector.
Among the proposed measures are increasing the number of notaries, introducing an associate notary position, and establishing a clearer professional structure to support recruitment and career development.
Under the proposal, experienced candidate notaries would be allowed to perform certain duties independently while remaining under the responsibility and supervision of a licensed notary.
The government indicated that the draft legislation would be submitted to the Department of Legislation and Legal Affairs for advice.
The initiative was developed following consultations with representatives of the notarial profession and other stakeholders.
However, the information currently available does not establish whether the proposed amendments have completed the legislative process or when they might take effect.
Legal Solutions Exist, but Implementation Remains a Challenge
The problem of undivided estates has also attracted attention from legal professionals specializing in inheritance and property law.
In May 2024, Antilliaans Dagblad reported that attorneys Melrose Bloem and Simona La Fleur had organized a consultation session to inform residents about the legal options available for resolving longstanding undivided estates.
The attorneys emphasized that Curaçao already has legislation dating from 2007 that provides mechanisms for addressing certain ownership disputes.
These provisions can allow interested parties to initiate court proceedings seeking the allocation or transfer of land or property under legally defined circumstances.
However, the existence of these mechanisms does not automatically resolve the practical challenges families face when documentation is missing, heirs disagree, or administrative procedures take years to complete.
Hato Calls for Cooperation and Practical Solutions
In his latest statement, Minister Hato emphasized that unresolved inheritances represent a complex legal problem requiring coordinated action.
His discussions with Professor Biemans and local notarial representatives focused not only on identifying the difficulties but also on exploring legal solutions that could realistically be implemented in Curaçao.
The minister did not announce specific new legislation, a timetable for resolving outstanding inheritance cases, or concrete measures resulting from the meeting.
Nevertheless, the discussions place renewed attention on a problem affecting property ownership, family finances, legal certainty, and the availability of real estate across the island.
For families whose inherited properties have remained legally unresolved for decades, the central question is whether the government, legal professionals, and notarial sector can develop procedures that make it easier to establish ownership and complete estate settlements.
Hato's initiative signals continued government attention to the issue, but the effectiveness of any eventual reforms will depend on whether legal proposals can be translated into practical improvements for residents facing lengthy inheritance proceedings.