Before appointing a close family member or friend as your executor, carefully consider the implications. An executor is responsible for managing your estate after your passing, ensuring assets are distributed in line with your wishes and in the best interest of your beneficiaries. However, this role is a demanding and complex one. Before making your decision, it is essential to evaluate whether your chosen executor is prepared for the responsibilities involved. Here’s what to know.
Beware of appointing multiple executors: Appointing multiple executors for your estate presents unique challenges, so carefully evaluate this decision. For example, if one executor is also a beneficiary to your will, others may perceive a conflict of interest. Additionally, differing personalities and interpretations of your wishes could lead to disagreements, thereby complicating the administration process. From a logistical standpoint, coordinating multiple schedules for in-person duties, such as visits to SARS or the Master’s Office, can be impractical. To ensure a smooth estate administration, consider whether a single, capable executor or a professional fiduciary may be a more efficient choice for handling your estate’s affairs.
Consider the benefits of a professional executor: While the law allows you to appoint a family member or friend as your executor, the final decision rests with the Master of the High Court. If the Master deems your chosen executor insufficiently qualified, they may require professional assistance from an attorney, accountant, or fiduciary specialist. In such cases, the appointed executor will delegate the estate administration’s daily tasks to a professional but will remain legally responsible for its finalization. If your chosen executor lacks the necessary expertise, your estate may ultimately be handled by unfamiliar professionals at a law or accounting firm—an outcome you may not have intended. To avoid this, consider appointing a trusted family member alongside a professional fiduciary firm as co-executors. This approach combines personal trust with professional expertise, ensuring a balanced, efficient estate administration. By blending familiarity with technical knowledge, you can provide oversight, reduce potential conflicts, and ensure your estate is managed according to your wishes while maintaining proper checks and balances.
Keep in mind the location of your executor: Appointing an executor who resides outside South Africa can lead to unnecessary delays and additional costs. In most cases, the Master of the High Court will require a non-resident executor to provide security for the estate’s value, typically in the form of a bond of security, before confirming their appointment. Additionally, notarising foreign documents can add further expenses. If the executor named in your will has since emigrated, it may be wise to update your will and appoint someone based locally. This ensures a smoother estate administration process, avoiding delays and unnecessary financial burdens on your beneficiaries.
Understand how executors are remunerated: Executor’s fees are regulated by law and capped at 3.5% (plus VAT) of the gross estate value. However, these fees are often negotiable based on the estate’s size and complexity. Appointing a family member or friend does not necessarily reduce costs, as they are entitled to charge the same fee as a professional firm. To manage costs, you can stipulate in your Will that the estate must be administered at a discounted rate. Additionally, if the Master requires your chosen executor to appoint a professional co-executor, the standard fee will be shared between them. In such cases, the professional firm may receive a significantly reduced fee, which could limit their incentive to expedite the estate administration process. To ensure efficiency, it is advisable to negotiate fees in advance or appoint a reputable professional who is fairly compensated for their expertise.
Consider the drawbacks of appointing a family member: Be mindful when appointing a family member or beneficiary as your executor, as this can lead to tensions and disputes. For example, naming your current spouse as executor may place them in a difficult position if your ex-spouse or children from a previous marriage make maintenance claims against your estate. To ensure fairness and objectivity, it is often better to appoint someone who does not stand to inherit. Additionally, grief may affect a family member’s ability to efficiently manage the estate administration process. To avoid emotional strain and potential conflicts, consider appointing a neutral party outside your immediate family who can handle the role with professionalism and impartiality.
Determine whether your executor is fit for the job: When choosing an executor, consider their age and health, as certain duties require in-person attendance, such as visiting SARS and the Master’s Office. Appointing a single individual carries the risk that they may predecease you or be unable to fulfill the role. Alternatively, appointing a trusted professional firm ensures continuity and eliminates this risk. To safeguard against unforeseen circumstances, you may wish to nominate both a primary and an alternate executor. This allows for a seamless transition should your primary executor be unable to serve, ensuring that your estate is administered efficiently and in accordance with your wishes.
Determine the knowledge and financial acumen of your executor: If you are considering appointing a friend or family member as your executor, ensure they possess the necessary skills and expertise to manage the role effectively. These include:
- Legal Knowledge: Executors must interpret your will and understand laws governing testate succession.
- Administrative Competency: The role involves gathering and compiling documents, meeting deadlines, obtaining letters of executorship, opening estate bank accounts, communicating with creditors and debtors, and placing notices in the government gazette.
- Finance and Tax Expertise: Executors must calculate and pay estate duty, assess estate liquidity, prepare the liquidation and distribution account, record assets and liabilities, settle debts and administrative fees, handle SARS obligations, and cover funeral expenses.
Be sure that your executor has the requisite inter-personal skills: An executor plays a crucial role in communication and relationship management, working with heirs, beneficiaries, creditors, debtors, business partners, and even those excluded from your will. Extended family dynamics can be emotionally challenging, requiring an executor who is resilient, tactful, and skilled in handling sensitive situations. To ensure a smooth estate administration process, choose someone who is strong-willed yet empathetic, an effective communicator, and capable of managing complex relationships without causing conflict or unnecessary tension among family members.
Have a super day.
Sue
