Peter Veldhuizen | Managing Director | Gillan & Veldhuizen Inc | mail me |
Death has no diary. It does not wait for neat files, updated passwords, or family harmony. It arrives when it arrives. And when it does, the executor steps in. In theory, it is a straightforward appointment. In practice, it is anything but.
I have seen firsthand how often people underestimate this role. Appointing an executor is not a box-ticking exercise. It is one of the most important decisions in an estate plan. Yet it remains one of the least interrogated.
In South Africa, an executor only formally assumes the role after the Master of the High Court appoints them. Until then, everything effectively pauses. Bank accounts freeze. Property transfers stall. Investments remain untouched. The bills, however, continue to arrive right on time.
From there, the process becomes technical and highly regulated. The executor must report the estate and secure assets. They must also settle debts and taxes, engage with creditors, prepare accounts and ultimately distribute assets to heirs. Every step unfolds under scrutiny and carries personal accountability.
Get it wrong, and there are consequences.
The instinct to keep it in the family
Most people default to appointing someone close to them. A spouse, sibling, or adult child often seems like the obvious choice. It makes sense. It feels personal. Sometimes, it works perfectly well. However, that is not always the case. Grief and governance are not natural partners.
In blended families, second marriages, business interests or even modest property portfolios, the chosen executor often manages far more than paperwork. They must navigate expectations, perceptions and, at times, conflict.
In my experience, family dynamics seldom arise from legal complexities. Instead, they create the real difficulty. An executor must remain neutral, even when sitting across the table from people they love. Many people underestimate how difficult that responsibility can be. This is why I often advise clients to ensure professional support exists, even if they appoint a family member. Not as a fallback, but as part of the plan.
Professional assistance does not dilute the role. Instead, it strengthens it. It also gives the chosen executor the support necessary to navigate emotionally charged situations.
Clarity is a gift
The most effective estates I have encountered share one common thread: preparation. A clear, well-drafted will provides the starting point. However, it should never represent the finish line.
Executors need a working understanding of the estate they will administer. That includes a proper schedule of assets and liabilities. It also requires visibility into trusts, companies, and business interests. In addition, they need access to practical details, including advisers, account information, and increasingly, digital assets.
The modern estate no longer exists as physical files stored in a study drawer. Instead, it spans platforms, accounts and devices. If the chosen executor must reconstruct your life from scratch, you have made their task significantly harder than necessary.
There is no one-size-fits-all approach to estate planning. The more complex the structure becomes, the greater the need for foresight. Whether the estate includes a family business, farming operation or trust, preparation remains essential.
The liquidity trap
One of the least understood aspects of estate administration involves liquidity. Estates need cash immediately. Funeral costs, municipal accounts, outstanding debts and tax liabilities do not wait for administration processes to catch up. Unfortunately, that process can take time.
I have seen executors caught off guard. Some had to arrange interim funding simply to keep matters moving. In other cases, they advanced funds themselves. This is not a position anyone should want to occupy.
Proper structuring can alleviate this pressure. Life policies, accessible funds and trust arrangements all provide potential solutions. Estate planning is not only about distributing assets. It is also about ensuring administration remains workable from the first day.
More than a legal role
Another dimension of this conversation often goes unspoken. Executors, or those likely to assume the role, often notice early signs that something may not be right with an ageing family member. They may observe financial confusion, social withdrawal or changes in behaviour. Although the legal role begins at death, the relationship often starts much earlier.
Remaining connected matters. Understanding a person’s affairs while they can still explain them also matters. Asking uncomfortable questions when necessary may not constitute a legal obligation, but these actions prove invaluable.
Too often, by the time the chosen executor formally steps into the role, the opportunity for clarity has already passed.
A decision worth thinking about
In my practice, I regularly witness what happens when people make this decision too quickly or fail to revisit it altogether. Delays emerge. Friction develops. Sometimes, full-blown disputes erupt that proper planning could have avoided.
Appointing an executor is not about defaulting to the eldest child or the most organised sibling. Instead, it requires identifying someone with the right temperament, sufficient time and an appropriate support structure to shoulder the responsibility.
Sometimes that person is a family member. Sometimes it is a professional. Often, it involves a combination of both. What matters most is deliberate decision-making. Because when the time comes, and it will, your executor becomes the steady hand during an often unsteady moment.
And that is no small task.
