The Executor’s Office: Appointment, powers, and duties

The Office of the Executor is the cornerstone of the administration of deceased estates.  Upon appointment, the Executor assumes responsibility for collecting, preserving, administering, and ultimately distributing the assets of the deceased estate in accordance with the law.  In fulfilling this role, the Executor acts in a fiduciary capacity and is required to balance the interests of creditors, heirs, beneficiaries, and other interested parties whilst remaining subject to the supervision of the Master of the High Court.

The Administration of Estates Act 66 of 1965 confers extensive powers upon executors, but simultaneously imposes significant duties and responsibilities.  From obtaining letters of executorship and taking control of estate assets, to investigating claims, realising property, communicating with beneficiaries, lodging accounts, and effecting distribution, the Executor's Office is governed by a comprehensive statutory and common-law framework.

This webinar examines the legal principles governing the appointment, powers, and duties of executors in South African law.  Particular attention will be given to the nature of the Executor's Office, the acquisition and scope of the Executor's authority, the fiduciary obligations owed to interested parties, the administration and protection of estate assets, and the legal consequences that may arise from a failure to properly discharge the obligations of the Office.

Through an analysis of the relevant legislation, common-law principles, and practical challenges encountered in estate administration, attendees will gain a comprehensive understanding of the role of the Executor and the legal framework within which executors are required to operate.

This webinar follows the first in the series, Beyond formalities: Condoning defective wills in practice.