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The Importance of a Professional Executor

  • April 29, 2020
  • Tamasen Maasdorp (Conveyancer and Family Law, Notary Public, Wills, Trusts & Deceased Estates Specialist)

When drafting your Last Will, it is recommended that you select and nominate a professional executor to wind up your estate for the following reasons:

1. A professional executor is experienced with the different procedures associated with administering different types of estates, as the process of administering an estate can differ depending on whether the deceased left a Will or not, whether the deceased was solvent at the time of his or her death and depending on the size of the deceased estate.

2. A professional executor is experienced in dealing with the key role players in winding up a deceased estate, such as the Master of the High Court, the South African Revenue Service, and the Magistrates Courts where the Liquidation and Distribution Account of an estate needs to be advertised.

3. A professional executor will also continuously follow up with the key role players, and often has contacts at the offices of the key role players, to ensure that the administration of the estate progresses as efficiently as possible.

4. A professional executor will ensure that sufficient records regarding the administration of the estate are kept.

5. A professional executor will have relationships with banking institutions which offer favourable interest rates on estate late banking accounts, which will maximise the interest that will accrue on any inheritance in the period between death and paying out such inheritance to the relevant beneficiary.

6. Should you have any beneficiaries located overseas, a professional executor often would have had experience in paying over an inheritance to a beneficiary located overseas, which is more administratively burdensome than paying out to local beneficiaries.

7. A professional executor will have relationships with other professionals who are required to assist in the administration of an estate, such as accountants who deal with deceased estates when assistance is required with any tax or reporting requirements.

8. A professional executor is experienced in dealing with any issues which may arise in administering an estate such as any conflict between heirs. A professional executor will be able to draw on their experience to find solutions to such issues or to mediate such issues.

9. A professional executor will be able to make the process of dealing with the loss of a loved one just a little bit easier by providing support to the deceased’s family, by guiding them through the process of winding up an estate, and by providing the heirs and family with frequent updates on the administration process.

Executor’s Fees:

Executor’s are entitled to be remunerated for their services of winding up an estate. Most executors will charge their fee according to the Tariff in terms of section 8(1) of the Regulations under the Administration of Estates Act.

However Reynolds Attorneys will offer you a discounted executor’s fee, below that Tariff fee, should you choose to nominate us as the executor in your Last Will. Contact us to find out more.

About the author

Tamasen Maasdorp (Conveyancer and Family Law, Notary Public, Wills, Trusts & Deceased Estates Specialist)

Tamasen Maasdorp is a Reynolds Attorneys consultant specialising in Conveyancing, Family Law, Notary Public, Wills, Trusts & Deceased Estates. She graduated with a Bachelor of Laws from the University of Cape Town, South Africa, and a Master of Laws from Melbourne University, Australia.
  • Estates & Trusts, Wills
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Nicole Copley

NGO law

Nicole Copley is an NGO lawyer who works for NGO clients all over South Africa and internationally. She qualified with a BA LLB LLM (Tax) from the University of KwaZulu-Natal, Durban (with a Masters in tax exemption), and is a Master Tax Practitioner SATM.

Nicole advises on, drafts and amends founding documents for and sets up every sort of organisation required by South African NGOs. She makes tax exemption and 18A (deduction of donations) applications, and applications to be registered with the Nonprofit Organisations Board. She (and her team) keep registrations up to date and assist with compliance and reporting. She also NPO reporting and other services. She advises on re-structuring and assists not-for-profits in understanding and applying the useful provisions of B-BBEE.

She also does commercial drafting work for her NGO clients, vetting and drafting agreements for them. She works for a wide range of types and sizes of organisations and aims to provide a pragmatic and efficient service. Her decades of experience in consulting to NGOs means she takes the long view, is focused on governance, ethics, credibility and sustainability and steers clients away from quick fixes, helping them build/renovate so that the organisation outlasts current office bearers.

Nicole works with other consultants to the not-for-profit sector, collaborating on training, newsletters, advising government on legislation for the sector and, most recently, a series of practical guides for the sector, called “NGO Matters”, originally published by Juta but now published by Nicole as NGO Matters Publications.

She has been a consultant since 2019.

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