My sibling wants to be the executor of our late father's estate. Can we refuse to sign if we have concerns?

The long answer

You do not say if the sibling that reported the deceased estate has a copy of the original will, or if there is no copy. If there is a copy, the Master cannot accept it without a High Court order confirming that it is a valid reflection of your late father’s wishes. Without the court’s approval, the copy of the will holds no legal weight, and the Master cannot proceed with appointing an executor.

If there is no copy or no court order, the estate will be distributed according to the Intestate Succession Act of 1987. That is usually when beneficiaries are asked to sign nomination forms for an executor to be appointed. 

Intestate Succession means that as there is no will, the assets of the deceased estate will be distributed to your late father’s closest blood relatives in the following order:

1. Spouses;

2. Descendants.

Your mother is entitled to inherit the greater of either a "child's share" or a fixed statutory amount, which is currently R250,000. A child's share is calculated by dividing the total value of the deceased estate by the number of surviving children plus the number of surviving spouses. So, in your case, three children plus your mother equals four.

If the child's share is greater than R250,000, your mother will receive that child's share, and the remaining balance of the estate will be divided equally among you three children.

If the child's share is less than R250,000, your mother will receive the R250,000 statutory amount, and the remaining balance of the estate will be divided equally among the three children.

If you have lost trust in the sibling who registered the deceased estate because he did not tell you that the Master’s office was looking for your father’s will, and your other sibling does not have confidence in that sibling’s ability to administer the estate, you are not forced to sign. The reason that beneficiaries are asked to sign nomination forms for an executor is so that the Master knows that the beneficiaries (heirs) trust the nominee to be the executor. The Master also has the power to call the heirs to a meeting where they can decide to approve or decline to appoint people nominated. But you as beneficiaries can also ask the Master to call the heirs to a meeting. 

As the beneficiaries, you have the right to lodge a formal objection to a potential appointment, which the Master must consider. But the Master does ultimately have the right to appoint an executor of their own choice if the beneficiaries cannot agree. 

Perhaps it would be helpful for you to ask someone that you all trust to call a meeting of the three siblings and your mother, so that the issues can be properly discussed. You could hopefully come to an agreement about the person you want to appoint and be able to sign the nomination forms.

And if you were not satisfied with how the Master was handling the situation, you could lay a complaint with the Chief Master, who supervises the work of the other Masters. 

Email: chiefmaster@justice.gov.za

Master of the High Court helpline: 012 315 1207

If you need to get legal advice, you could consult Legal Aid, which is a means-tested organisation that must assist you if you can’t afford a lawyer. These are Legal Aid’s contact details:

• Legal Aid Advice Line (Toll-free): 0800 110 110

• Please Call Me: 079 835 7179

• Email: Communications2@legal-aid.co.za

Wishing you the best,
Athalie