Most wills fail because of one bad choice
By Malissa Conlin*
Drafting a will is one of the most important steps in preserving your legacy. You’ve listed your assets, named your beneficiaries and made provision for your loved ones. Yet one crucial decision that often determines whether your wishes are carried out just the way you intended gets sidelined – the appointment of your executor.
Selecting the right executor is far more than an administrative formality. It is a defining factor that underpins effective estate administration. This is the person who steps in when you are gone, taking on the legal duty for managing your estate and ensuring your instructions are executed accurately and with integrity.
If your chosen executor lacks the time, expertise, or confidence to manage the legal and financial process, even the most carefully planned estate can quickly unravel.
Don’t make a difficult time even harder
Losing a loved one is an emotionally charged experience. Adding the burden of winding up an estate, and losing themselves in paperwork, deadlines and legal jargon – can make an already painful time even harder for those left behind.
It’s common for a spouse, sibling or adult child to accept the role as executor out of love and loyalty – only to find themselves in a maze of administrative and legal obligations.
Even relatively uncomplicated estates can take 16 to 24 months to finalise. There are banks to notify, tax forms to complete, debts to settle, and continuous correspondence with the Master of the High Court – all which has to be done within strict legislative timelines.
Family executors often don’t know where to start. They delay, they make mistakes which can cost the estate in time and money. Missteps in dealing with SARS, as an example, can lead to penalties, unnecessary disputes and avoidable financial losses for the beneficiaries.
What an executor actually does
Once the Master of the High Court issues a Letter of Executorship, the appointed executor becomes legally accountable for the proper administration of your estate. This fiduciary duty generally includes: -
Notify SARS, banks, insurers, and service providers
Listing and valuing all assets and liabilities
Settling creditors and finalising outstanding accounts
Competing and submitting tax returns
Preparing and advertising the Liquidation and Distribution Account for public inspection
Distributing the estate to beneficiaries in accordance with your will
This is a meticulous, time consuming process that demands both administrative precision and legal understanding – attributes which unfortunately not all family members possess.
What can go wrong
We’ve seen estates sit untouched for months because no one knows how to proceed. Miscommunications, delays and procedural errors frequently stall the process.
In some cases tension between families and beneficiaries escalate to a point of lasting family rifts. Worse still, poor administration or financial mismanagement can diminish the estate’s value through penalties and losses that could have been prevented.
Why a professional executor is often the better choice
A qualified executor understands the legal framework, deadlines, and documentation required to administer an estate correctly. They are impartial and unaffected by emotion or family dynamics, allowing them to focus solely on ensuring that every step complies with the law.
Executors fees are negotiable. While the standard fee is 3.5% of the gross estate value (plus VAT), many professionals may agree to a reduced fee if the estate is relatively straightforward and well-structured.
Another practical approach is to appoint a trusted family member and a professional as co-executors –combining personal insight with professional oversight.
A little planning goes a long way
It’s worth carefully considering whether the person you’ve appointed as executor truly has the capacity and the experience to manage the responsibility you have entrusted to them with. Do they understand the legal and administrative requirements? Do they have the time, expertise and objectivity to carry it through?
If not, it may be time to revisit your decision.
At Brenthurst, we help clients review and update their wills, appoint suitable executors, and design estate plans that are practical, tax-efficient, and structured to ease the burden on your loved ones.
You’ve worked hard to build your legacy. Make sure it is safeguarded by capable hands - guided by expertise, care and integrity – so your legacy continues to serve those you love.
Your will is your final voice. Choose someone who can speak with clarity and act wisely on your behalf.
* Malissa Conlin is a Director and the General Manager of Brenthurst Wealth, a qualified non-practising attorney and Fiduciary Practitioner (registered member of the Fiduciary Institute of South Africa®)
