During our lifetimes we pursue various efforts to build the value of our estate. Such efforts may include the opening of banking and investment accounts and gathering further assets, whether movable or immovable. To ensure that your estate is distributed according to your wishes, you must ensure that you have a valid Last Will and Testament drafted. The person you elect in your Last Will and Testament to bear this responsibility and duty of administering your estate according to your wishes, is known as the Executor.

HOW DO I EFFECT THE NOMINATION OF MY EXECUTOR?

Your Last Will and Testament will contain a nomination clause which will specify who you have nominated to be your Executor and the Master may then proceed to issue Letters of Executorship in terms of S15(1) of the Administration of Deceased Estates Act to provide the Executor with the power to act in the administration process of your deceased estate.

Passing away without a valid Last Will and Testament (Intestate) will place the duty to nominate an Executor on the intestate heirs instead. If an agreement cannot be reached on the nomination, the Master may intervene as a last resort, in terms of S18 of the Administration Deceased Estates Act. The Master will then proceed to use their discretion to nominate an Executor. This does however delay the process considerably.

HOW MANY EXECUTORS SHOULD I NOMINATE?

A Testator or a Testatrix may nominate as many Executors as they wish, however, having too many Executors may make the administration process of the estate quite difficult. This is because there are numerous documents to be signed and processed by the Executors in the administration of the estate. To prevent such difficulties, in the event of more than one Executor being nominated, a Special power of Attorney may be signed by the Executors granting one Executor the power to attend to the administration of the estate. It also seems that the fewer Executors you nominate, the less likely the chances are of disagreements regarding the administration process arising.

WHO IS THE RIGHT PERSON TO BE MY EXECUTOR?

It is important to ascertain, when drafting your Last Will and Testament, whether the institution you have nominated as your executor has a monetary limitation with respect to the administering of an estate as some institutions only administer estates if the estate meets their minimum requirements in terms of value. Not bearing this in mind may result in the Executor abandoning the process and renouncing as Executor. The family will then bear the responsibility of having to nominate an Executor which may then delay the process of the administration of the estate.

WHO IS THE EXECUTOR ACCOUNTABLE TO?

The Master’s Office within the area that you pass away is where your estate will be reported and who the Executor will be answerable to. It is therefore wiser to nominate a person that is within close proximity to the appropriate Master’s Office as throughout the administration process there are numerous documents to be signed and submitted by the Executor. It may also be necessary for the Executor to follow up with matters pertaining to the estate at the Master’s Office in person or through a nominated agent.

Should an Executor happen to stay further away from the appropriate Master’s Office but closer to another one that is within the area that they live, they may appoint an agent and request what is known as a “Waiver of Jurisdiction” which will result in the appropriate Master’s Office granting jurisdiction to another Master’s Office within the area that the Executor resides.  The Master may use their discretion whether to waive jurisdiction or not after considering the motivation provided by the Executor.

ON REFLECTION

Choosing the correct person to be the Executor of your estate is an important decision as the administration process can be complicated and time consuming. Considering the above can result in the efficient administration of your estate and the prevention of unnecessary delays.