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®)
I obtained my National Diploma in Financial Information Systems from the Cape Peninsula University of Technology in 1999 and have worked in the wealth management industry since January 2000. Over the years, I have gained extensive experience in various roles, including Portfolio Manager Assistant, Planner Assistant, and Paraplanner.
Esmarelda Isaacs-Andreas joined the Brenthurst Wealth Stellenbosch office in October 2025, taking on the dual role of Receptionist and Fiduciary Administrator.
Angelique Anderson joins our Pretoria office as an Administrative Assistant, bringing over 24 years of experience across the financial, legal, and executive support sectors, both locally and internationally. Her meticulous attention to detail, discretion, and extensive knowledge of asset finance and compliance make her an invaluable addition to our team.
Ashley joined Brenthurst Wealth in January 2025 as Office Administrative Assistant and Receptionist for the Stellenbosch Office.
Michelle joined the Brenthurst Wealth Team in 2025 as a paraplanner assisting Iniel Van Zyl and Leslie Greyling in our Fourways office.
René Heystek joined Brenthurst Wealth in November 2023, as receptionist and administrative assistant in the newly established George/Garden Route office.
Michelle Heystek has built a career in the financial services over the last two decades, after obtaining her B.Com degree in Financial Management in 2005. Once she joined Brenthurst in 2006, she continued her academic journey, obtaining her Certificate in Wealth Management from INSETA in 2007, followed by a Postgraduate Diploma in Financial Planning from the University of the Free State. In 2008, she earned the Certified Financial Planner (CFP®) designation.
Anelle joined Brenthurst Wealth as a Receptionist and Administrative Assistant to Brian Butchart in the Cape Town office in December 2023. She has a wealth of knowledge from working as a liaison between Financial Advisers and clients at TMA and Absa Investment Management Services (Aims) since 1998. She obtained her B. com degree from the University of Port Elizabeth in 1997.
Sanet was appointed in April 2020, joining our Cape Town team as an Executive Administration Assistant to Renee Eagar. She has been in the financial services industry since 1990. Her previous experience includes positions at Sanlam, BJM and ABSA. She spent her last 12 years working at Alexander Forbes Private Client Wealth as a Senior Wealth Management Assistant. She has received numerous accolades over the years which include but not limited to, Alexander Forbes Client Service Excellence – Silver award in 2014,2015 and 2017. Sanet has also obtained her Certificate in Wealth Management (NQF 5) in 2012 and achieved “Best Student of the Year” from Moonstone.
Maria Smit is a Certified Financial Planner® with over 10 years of experience in the financial planning industry.
