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ARTICLE · 13 SEPTEMBER 2021

Wills And Estates: The Executor

When someone whom we love passes away, the last thing the family needs is stress about the division of the deceased's estate. In many cases, the deceased passes away intestate (without a will) and ...

South AfricaFamily and Matrimonial

When someone whom we love passes away, the last thing the family needs is stress about the division of the deceased's estate. In many cases, the deceased passes away intestate (without a will) and families end up caught up in family feuds over the possessions of the deceased. This creates difficulties regarding the distribution of assets of the deceased.

It thus becomes paramount to conclude a will and appoint an executor prior to death in order for assets to be distributed as the deceased intended upon death. This makes the process easier for the family members that remain.

The Executor

An executor is an individual who is specifically nominated in the will to carry out the wishes of the deceased as stated in his/her will. This is also referred to as the Executor Testamentary. However, if there is no will then the Master will either appoint an executor himself or request that the family of the deceased nominate a family member as an executor. Section 19(a) of

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