021 671 9322

Harry S. Truman, the 33rd President of the United States of America, famously had a sign on his desk proclaiming: “The buck stops here” – making it clear to all that he takes responsibility for the actions of his administration. Ultimately, the same principle applies to the Executor of a deceased estate. The responsibility to ensure that your estate is distributed in accordance with your wishes and handled in a way to the maximum benefit of your heirs, falls to the Executor. When drafting your Will, it is then vital to ensure the person you nominate to be appointed as such is a good fit for the role.

Who can and cannot be appointed as Executor?

Can:

  • A spouse, child or family member.
  • A trusted friend or business partner.
  • A beneficiary of your Will.
  • Professionals such as attorneys, chartered accountants or tax practitioners.

Cannot:

  • A minor.
  • An insolvent person.
  • A person who wrote any part of the Will by hand or signed as a witness.

The above lists are not exhaustive and depending on the circumstances and what the law allows, there are exceptions to who can be appointed and who will be disqualified. The most important thing to ensure that the person you want to be the Executor is specifically mentioned in your Will. You can also make provision for co-executors to be appointed, or name an alternative person should your first choice not be able to take up the mantle.

Other factors to take into consideration when choosing who to nominate as your Executor consider their location. It is generally recommended that an Executor be resident in South Africa. While our systems are slowly catching up, it is often the case that the Executor is required to sign documents and that wet ink signature original documents need to be submitted to the relevant institutions. If original documents need to be couriered from the far corners of the globe, it can add serious delays to an already lengthy process. 

The Master of the High Court also has the discretion to request that a foreign Executor furnish a Bond of Security before it will proceed with the appointment. While it is done to protect the deceased estate from any potential losses it may suffer at the hands of a dishonest Executor, it also creates an expense for the estate and more administration for the Executor.

In many instances where there is a sizable estate and the Executor is a lay-person, the Master will insist that the Executor be assisted by a professional with the necessary experience, such as attorneys. These agents are appointed by the Executor and take care of the practical aspects. When it is necessary to make the decisions regarding certain aspects, such as selling assets from the estate, the Executor has the final say. The buck stops with them. 

It is essential that an Executor be competent or be sure to appoint professionals they can trust to assist them. For any questions regarding the appointment of an Executor of your estate and services regarding the administration of deceased estates, contact Curran Attorneys for assistance on (021) 671 9322.