My uncle, the executor of my mother's deceased estate, is not communicating with me as her first born child. What can I do?

The long answer

Let’s look first at how it works in general: 

If your late mother’s estate is valued at more than R250,000, the Master of the High Court will appoint an Executor to administer the deceased estate. If it is valued at less than R250,000, the Master will appoint a Representative with a Letter of Authority to administer the estate.  

If an Executor is appointed, a longer, more complex process must be followed: all the debts of the estate must be settled, and the Liquidation and Distribution Account (L&D) prepared by the executor must lie open for inspection at the Master’s office for 21 days without anyone objecting. This must happen before the heirs can be given their inheritance. With a letter of authority, it is a shorter, simpler process where no L&D Account has to lie open at the Master’s Office. 

But whether your uncle has been appointed as the Executor or the Representative with the Letter of Authority, he is legally obliged to act in the best interests of the estate and see that the beneficiaries, which in this case are the four children, receive their inheritance. 

He cannot sell the property without the permission of the Master. 

As your mother did not make a will, her estate will be distributed under the Intestate Succession Act. Under this Act, the beneficiaries inherit in this order:

1. Spouses

2. Children

If there is no surviving spouse, then the four children will inherit the estate equally. 

Where there is no will, the beneficiaries are asked to sign a nomination form for who should be appointed as the Representative with the Letter of Authority or the Executor. The reason for this is so that the Master knows that the beneficiaries (heirs) trust the person nominated to be the executor or representative. The Master also has the power to call the heirs to a meeting where they can decide to approve or decline to appoint the people nominated.

So your uncle is either the Executor or the Representative with the Letter of Authority. To make it simpler, I will call him the executor. But whichever he is, he is required to act honestly, transparently and impartially. 

An executor cannot favour one child over another and cannot evict a child without proper authorisation by the Master. It is unacceptable for the executor to ask you to take your things and get out of the house. 

The executor must also provide information to all the heirs about the estate’s assets, debts and distribution plans.  

Vermeulen Attorneys give some examples of common executive mistakes. These include 

• Failure to communicate with beneficiaries: “An executor refusing to respond to queries or withholding information breaches fiduciary obligations.”

• Preferential treatment of certain heirs: “Favouring one heir over others is unethical and may constitute executor conflict of interest.”

• Executor Conflict of interest: “An executor conflict of interest arises when the executor stands to gain personally from estate decisions. Examples include renting or purchasing estate property, assigning estate income to themselves, or favouring one beneficiary over another.” 

Vermeulen Attorneys say that you have the right to request formal updates and that you need to send a formal written request to the executor for an estate update. 

If your uncle does not respond, you can lodge a complaint with the Master’s Office, which supervises executors.

Perhaps it would be a good idea to start by calling a meeting of the four children so that you can discuss these issues properly. If you make a complaint to the Master together with the other three children, that will strengthen your position.

To lodge a complaint against an executor for not sharing information, you need to contact the specific local Master of the High Court office where the estate is registered. The Master can order the executor to act or replace them.

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