Choosing the right executor for your will is one of the most important estate planning decisions. While many appoint a family member, believing it will simplify the process, this can often create unintended complications, stress, and even family conflict. In South Africa, managing an estate is a complex legal and financial process that may be better suited to an impartial, professional executor.
Estate administration is complex and time-consuming
Settling an estate involves far more than distributing assets. The executor must:
• Notify the Master of the High Court
• Settle outstanding debts and taxes
• Manage legal documentation and ensure compliance
• Prepare and finalise the Liquidation and Distribution Account
This is a significant responsibility, often requiring legal and financial expertise. Appointing a professional ensures efficiency and compliance, allowing your loved ones to focus on what matters most – grieving and healing.
Reducing the risk of family conflict
Money, inheritance, and emotions can create tensions within families. Even in the most harmonious households, disputes can arise when a family member acts as an executor.
• Perceived bias – A family executor may unintentionally favour one beneficiary over another.
• Conflicts of interest – If the executor is also a beneficiary, tensions may escalate.
• Legal challenges – Disagreements can lead to delays, legal battles, and unnecessary costs.
A professional executor acts objectively, ensuring all decisions align with legal requirements and your will’s instructions, without emotional involvement.
Expertise matters: avoiding costly mistakes
An executor must follow South African estate laws, which can be intricate and time-sensitive. Common mistakes include:
• Missing legal deadlines, causing delays in asset distribution
• Failing to settle debts correctly, leading to liability issues
• Incorrect tax filings, which can result in penalties or unexpected costs
By appointing an independent professional, you ensure your estate is managed correctly, efficiently, and fairly.
A balanced approach: consider a co-executor
If you still want a family member involved, a co-executor structure can be ideal. This means:
• A professional manages the legal and financial complexities
• A family member provides personal insights into your wishes
This combination ensures efficiency and personal understanding while minimising stress on loved ones.
The bottom line
While appointing a family member as executor may feel natural, the legal, financial, and emotional challenges make a strong case for considering an independent, professional executor.
At Ternary Wealth, we help you structure your estate planning to protect your loved ones, avoid unnecessary complications, and ensure your final wishes are carried out smoothly.
Thinking about your estate planning? Let’s ensure your will is structured for efficiency and peace of mind. Contact us for a consultation today.
