Your executor – the most important person to appoint in your will

By nominating an executor in your will, you ensure that someone you trust will take care of your estate and your heirs’ interests after death. The administration process of a deceased estate is a complex process with many legal requirements. It is therefore crucial to nominate someone who will be able to do what is required in the correct and legal way.

It is important to note that your nominated executor and his/her spouse may not be a witness to the will. The executor may however be a beneficiary. The nominated executor should furthermore be domiciled in South Africa.

The testator / testatrix must also indicate whether the nominated executor must provide security to the Master for the performing of their duties. If the testator/testatrix is not exempted from providing security in the will, the Master will request that security must be provided for the full value of the estate.

It is advisable that you appoint a professional, such as an attorney, to be the executor or co-executor (with a spouse or other trusted individual) of your estate. Attorneys have the necessary knowledge to wind up an estate and in their capacity as attorneys, will be able to provide the necessary security, should it be required.

If a person who is appointed as executor in a will declines to act as such or is dead, the Master of the High Court can appoint someone else to act. Therefore, it is important to indicate alternative executors in your will.

Contact us today at info@smutsco.co.za should you require assistance with the above services.