When the registered owner has died: succession in a compensation programme

Deceased claimants are a large share of every long payment tail. Starting the succession work at census is the only thing that shortens it.

Olule Solomon9 min read

In any register of a few thousand households, a substantial number of parcels are held in the name of someone who has died. Sometimes years ago, sometimes generations ago, with the family farming on undisturbed and no reason to have formalised anything until a project arrives with a payment that requires a payee.

Why this dominates the payment tail

Succession cases cannot be settled by the project. They require a legal process — letters of administration, a family arrangement recognised by an authority, or a court determination — that takes months at best and involves parties who may disagree.

Because the process sits outside the project, it is invisible in the schedule until payment is attempted, at which point it becomes the reason a section of corridor cannot be released. Succession, missing identification and contested boundaries between them account for most of the long tail on most programmes.

Every one of these cases is identifiable on the day the household is enumerated. Almost none of them are worked until the day payment fails.

Flag it at census

The enumeration instrument should ask directly whether the person named on any document is alive, and record the answer as a status on the record rather than as a note in a comment field. Every record so flagged enters a resolution workflow immediately.

That workflow is mostly administrative support: explaining what is required, helping assemble documents, arranging a visit to the relevant office, and following up. It costs staff time and it converts a nine-month blockage into a process that runs in parallel with everything else.[3]

Who is entitled, and to what share

Succession is governed by national law, and in most of the region it interacts with customary practice — including practice that disadvantages widows and daughters relative to what the statute provides.[4]

A project is not in a position to resolve that tension and should not pretend to. What it can do is refuse to make it worse: pay against a legally recognised determination rather than against whoever presents as head of the family; record who was identified as a dependant at census, so that a later distribution can be tested against what the household actually looked like; and ensure the grievance mechanism is accessible to family members who were excluded, which usually means accessible to women.[1]

Interim measures

Where succession will not resolve before possession is needed, three options exist, in order of preference:

  1. Advance the process. Fund and support the administration application directly. It is usually cheaper than the delay.
  2. Pay into a retained account in the estate's name, with the funds released on determination. This discharges the project's obligation to have the money available and does not put it in the wrong hands.
  3. Defer possession for that parcel. Unattractive on a corridor, correct in principle, and sometimes the only lawful option.

What is not acceptable is taking possession against an undertaking to pay once succession resolves. That is displacement without compensation, whatever the paperwork says.[2]

Deaths during implementation

On a programme running several years, claimants die between enumeration and payment. The register needs a way to record that and to move the record into the succession workflow rather than leaving a payment instruction pointing at a person who no longer exists.

It is also the moment where fraud is easiest: a payment collected on behalf of someone recently deceased is difficult to detect afterwards. Confirming identity at the point of payment, and reconciling to confirmed receipt rather than to instruction, is what catches it.

Sources

  1. [1]Performance Standard 5: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2012.
  2. [2]Guidance Note 5: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2012.
  3. [3]Good Practice Handbook: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2023.
  4. [4]Uganda legislation — Constitution of the Republic of Uganda (1995) and Land Act (1998) — Uganda Legal Information Institute (ULII), 2023.

Olule Solomon

Lead Consultant, ValueSpace

Olule Solomon is Lead Consultant at ValueSpace, where he works on land acquisition and resettlement systems for donor-financed infrastructure in East Africa. He writes about the practical gap between what the safeguard standards require and what a project can actually evidence at completion audit.

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