Deceased estates · South Africa
Deceased estate administration.
Practical assistance for families and executors, from reporting an estate to its finalisation.
Craig Webber provides personal attention to the legal and administrative work that follows a death, with clear advice on your responsibilities and the steps ahead.
How I can assist
The right assistance for your role.
You may be a family member arranging for an estate to be reported, an executor who needs professional assistance, or an heir seeking advice about your position.
- Estate administration. Assistance with the reporting documents, the Master’s requirements, estate assets and liabilities, accounts and distribution.
- Support for executors. Practical and legal assistance under an agreed mandate, with clarity about the executor’s responsibilities and the work entrusted to the practice.
- Advice to heirs and beneficiaries. Advice on your rights, the estate account or a concern about the administration, where the practice can accept a separate instruction.
Accountants, financial advisers and other attorneys are also welcome to discuss a referral or assistance with a particular estate. The client, role and scope of work are established before instructions are accepted.
The administration process
From the first documents to distribution.
The steps depend on the estate and the appointment issued by the Master. A smaller estate may follow a simplified procedure.
- 01
Reporting and appointment
Establish whether the estate has been reported, identify the relevant Master’s office and prepare the documents needed for the appropriate appointment.
- 02
Assets, debts and tax
Identify and gather estate assets, establish liabilities and claims, and coordinate the necessary tax work with the relevant advisers. Property or business interests may require further specialist assistance.
- 03
The estate account
Prepare the liquidation and distribution account where required, deal with the Master’s queries and attend to the applicable notices and inspection process.
- 04
Distribution and finalisation
Once the legal requirements have been met, attend to payment and distribution, coordinate any necessary transfers and complete the remaining administration.
An executor derives authority from appointment by the Master. Professional assistance does not, by itself, transfer that appointment or the executor’s responsibilities.
Fees & working arrangements
Understand the scope and costs.
The basis of fees depends on the role undertaken and the work required. Executor’s remuneration is governed by the will and the applicable law, including the Master’s powers. Fees for assistance to an executor or separate legal advice depend on the agreed mandate.
The written engagement will set out the scope of work and the basis on which fees are charged. It will also address disbursements, any applicable VAT and the treatment of work by other professionals. Property transfers, valuations, advertising and tax work may involve separate costs.
Craig leads the practice personally. Consultations at the Boksburg office are by appointment. If you are based elsewhere, contact the practice to discuss suitable arrangements and whether it can assist.
About Craig WebberCommon questions
Before you instruct the practice.
I am named as executor. Can you assist me?
Yes. Assistance can be considered before or after appointment, from preparing the reporting documents to carrying out administration work under an agreed mandate. Being named in a will does not itself give you authority to administer the estate: the appropriate appointment must first be obtained from the Master.
Can you act as executor?
An executor appointment can be considered where appropriate, subject to the will, the circumstances, the Master’s requirements and acceptance of the appointment. An initial discussion will establish the role required and whether the practice can accept the work.
What if there is no will?
An estate still needs to be administered where there is no valid will. The applicable rules of intestate succession determine who inherits. The reporting documents and the route to appointment will depend on the circumstances.
How long will the administration take?
The timing depends on the estate’s assets and debts, the availability of documents, tax matters, any disputes and the work of the Master, banks and other parties. A property transfer or business interest can add further steps. A useful assessment requires the estate’s facts; a fixed completion date cannot responsibly be promised at the outset.
Can you advise me if another executor is already appointed?
The practice can consider a separate instruction from an heir or beneficiary who needs advice about an estate, an account or an administrative difficulty. This is subject to conflict checks. Advice to a beneficiary is a different mandate from assisting the executor or administering the estate.
Preparing for a discussion
Start with a brief outline.
In your initial enquiry, give the deceased’s name, your relationship to the estate, the names of the relevant parties and a short description of the assistance you need. Indicate whether the estate has been reported, whether an executor has been appointed and whether there is an urgent date or concern.
Please wait until the practice has confirmed that it can assist before sending confidential documents, identity documents or financial records.
Documents that may be needed later
Once the instruction is accepted, the required documents can be identified. These will commonly include the original will and codicils, the death certificate, information about the marriage and family, details of assets and debts, and any existing Master’s reference or letters of appointment.
Accepting new estate administration instructions
Discuss the next step with Craig.
Contact Craig W. A. Webber Attorneys with a brief outline of the estate and the assistance required. Acceptance is subject to conflict checks and a written engagement.
Unit 207, Tuscan Estate, 15 Van Heerden Road, Libradene Village, Libradene, Boksburg, Gauteng, 1459. By appointment.
General information about South African estate administration. For official guidance, see the Master’s reporting requirements and the Administration of Estates Act. Advice on a particular estate requires its facts and documents.