Death has no diary. It does not check whether the paperwork is in order, whether passwords have been shared, or whether the family is getting along. And yet, when someone passes, the person appointed as executor is expected to step into a role that is part administrator, part investigator, part diplomat – and occasionally, part banker.
“Appointing an executor is not a box-ticking exercise – it requires thought,” says PJ Veldhuizen, MD of Gillan & Veldhuizen Inc. In South Africa, an executor is formally appointed by the Master of the High Court. Until then, no one may deal with the estate assets. Bank accounts are frozen. Property cannot be transferred. Investments are inaccessible. Bills, however, do not pause.
An executor’s duties are extensive:
- Reporting the estate to the Master
- Securing and valuing assets
- Settling debts and taxes
- Advertising to creditors
- Preparing a liquidation and distribution account
- Distributing assets to heirs
It is a technical process governed by the Administration of Estates Act – and it unfolds under scrutiny. “People underestimate what they are asking of an executor,” says Veldhuizen.
“It’s not just reading a will and handing out assets. It’s a regulated process with personal accountability. If you get it wrong, you can be held liable.”
The family member dilemma
Many people instinctively appoint a spouse, sibling or adult child. It feels right. It feels personal. And in many cases, it works. But grief and governance do not always mix well. Where there are blended families, second marriages, strained sibling relationships, family businesses or immovable property involved, the executor may find themselves navigating emotion as much as administration.
“It’s often not the legal complexity that derails an estate, it’s the family dynamic,” says Veldhuizen. “An executor must remain neutral, even when sitting at the same Sunday lunch table.” This is why even when appointing a trusted family member, it is prudent to ensure they have professional support at hand – an attorney or experienced estate administrator who understands both the technical requirements and the human terrain.
The role is not diminished by assistance; it is strengthened.
Preparation before the unexpected
One of the greatest gifts a testator can give their executor is clarity.
That means:
- A properly drafted and up-to-date will
- A schedule of assets and liabilities
- Details of trusts, companies and business interests
- Clear instructions regarding digital assets and passwords
- Contact information for advisors, bankers and accountants
In today’s world, intangible assets are often harder to trace than tangible ones. Online savings accounts, crypto wallets, subscription platforms, cloud-stored documents – these can easily be overlooked. “Your executor should not have to play detective,” says Veldhuizen. “If they don’t know what exists, they can’t administer it.”
From previous estate planning guidance, the principle remains the same: there is no one-size-fits-all approach. Estates that include family businesses, farms, trusts or complex shareholding structures require even more foresight. The executor must understand not only the assets, but the structure behind them.
Liquidity – the silent pressure point
Another practical reality: estates need cash.
Funeral costs, municipal accounts, bond instalments, estate duty, income tax – these do not wait for the Master’s approval. Where liquidity is tight, executors may find themselves having to source interim finance while waiting for estate assets to be released. This is rarely anticipated.
Proactive planning – whether through life policies payable to the estate, properly structured accounts, or trust arrangements can ease that pressure. Good estate planning is not only about who inherits what. It is about how the administration will unfold.
More than paperwork
There is another layer to the role of executor that is seldom spoken about.
Executors-to-be are often among the first to notice if an elderly family member has begun to struggle – financially, cognitively or emotionally. While the formal appointment only arises at death, the relationship often begins long before.
Maintaining contact with ageing relatives, understanding their affairs while they are still able to explain them, and gently encouraging transparency can prevent confusion later.
An executor is ideally placed to ask difficult questions while there is still time to answer them.
A considered appointment
“As a corporate and commercial firm with deep experience in dispute resolution I often see the fallout where estates are poorly structured or executors are appointed without foresight – the consequences range from delayed administration to full-blown family disputes,” says Veldhuizen.
Appointing an executor is not about choosing the eldest child or the most organised sibling he notes. It’s about appointing someone who has the temperament, the time and the support structure to carry the responsibility.
In some cases, that may be a trusted professional. In others, it may be a family member working alongside one. Either way, the decision deserves more than a passing thought. Because when death decides its own timing – as it inevitably will – the executor you chose becomes the steady hand in an unsteady moment.
And that is no small task.