Who should be the executor of your will?

While most of us pick a close family member because they know us best, naming a spouse, significant other, or adult child to be your estate executor is often times the most logical choice.
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Who is best to choose as executor?

“There's no limit specified by law, but practically speaking you typically want a maximum of three executors," says Woo. “Administratively it could be complex if you had more than that." A professional may be your best choice of executor if you: Have no family members living close by.
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Is it better to have one or two executors?

In most situations, it's not a good idea to name co-executors. When you're making your will, a big decision is who you choose to be your executor—the person who will oversee the probate of your estate. Many people name their spouse or adult child. You can, however, name more than one person to serve as executor.
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Can a son or daughter be an executor?

Who can be an executor of a will? Many people choose their spouse or civil partner, or their children, to be an executor. At least one of your executors will need to be aged over 18 at the time they apply for probate – which is a legal document that gives you the right to sort out the affairs of someone who has died.
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Can a beneficiary be an executor?

It is a common misconception that an executor can not be a beneficiary of a will. An executor can be a beneficiary but it is important to ensure that he/she does not witness your will otherwise he/she will not be entitled to receive his/her legacy under the terms of the will.
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Who Should You Name As Executor Of Your Last Will and Testament?



How many executors should a will have?

It is common to appoint 2, but up to 4 executors can take on responsibility for administering the will after a death. The people most commonly appointed as executors are: relatives or friends.
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Does the executor of a will get paid?

This fee may be negotiable but don't underestimate the amount of work that is required to wind-up most estates. Executor fees are charged on the gross value of the deceased estate's assets which includes all property that the individual had, or was due to him, at his death.
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Do executors have to act jointly?

Co-executors are legally required to work together

Co-executors will need to work together to deal with the estate of the person who has died. If one of the executors wishes to act alone, they must first get the consent of the other executors.
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Who appoints an executor?

The Executor of your estate is the person appointed to see to the administration of your estate once you have passed away. An Executor is appointed by the Master of the High Court in terms of the Administration of Estates Act, 66 of 1965 (hereinafter referred to as “the Act”).
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When executors of a will disagree?

If two or more executors disagree, it's possible to get an executor removed by the court if it best serves the estate (in other words, to make sure your possessions are distributed as you wanted). When no substitute executor has been named, the court also has the legal right to appoint a replacement.
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Can you add an executor to a will after death?

Can you change the Executor of a Will after death? You cannot change the Executor of a Will after death, but the Executors are entitled to seek professional advice to help them in their duties.
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What are executors fees?

According to tariff, the executor is entitled to 3.5% on the gross value of assets in an estate and 6% on income accrued and collected after the death of the deceased. It is best to discuss the fees with your family upfront so that they are aware of how the fees will be calculated.
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What expenses can an executor of a will claim?

These can include:
  • Probate Registry (Court) fees.
  • Funeral expenses.
  • Professional valuation services.
  • Clearing and cleaning costs for a property.
  • Legal fees for selling a property.
  • Travel expenses.
  • Postage costs.
  • Settling Inheritance Tax with HMRC.
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Can an executor withhold money from a beneficiary?

Executors can withhold monies from beneficiaries, though not arbitrarily. Beneficiaries may be unable or unwilling to receive a gift by a will. The executor's job is onerous and the time taken to execute a will may vary greatly.
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Is it necessary to appoint an executor in a will?

While the Indian Succession Act does not make it compulsory to appoint an executor of a Will, this is one of the most important decisions of a testator—an executor is absolutely critical and should always be clearly appointed.
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Do both executors need to apply for probate?

Do all executors of a will have to apply for probate? Often more than one executor is named in a will, but not all of the executors have to apply for probate. A maximum of four people can apply to the Probate Registry to prove a will and be named on the grant of probate.
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Can you appoint an executor without telling them?

One in five executors get landed with the job without warning, as people write wills without asking first. One in five people appointed as executor in a will only discovered they held this responsibility after a friend or loved one had died, new research finds.
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Can funeral expenses be deducted from the estate?

Unfortunately, funeral expenses are not tax-deductible for individual taxpayers. This means that you cannot deduct the cost of a funeral from your individual tax returns. While individuals cannot deduct funeral expenses, eligible estates may be able to claim a deduction if the estate paid these costs.
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How long does it take for a will to go to probate?

Typically, after death, the process will take between 6 months to a year, with 9 months being the average time for probate to complete. Probate timescales will depend on the complexity and size of the estate. If there is a Will in place and the estate is relatively straightforward it can be done within 6 months.
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How does an executor of a will distribute money?

The executor has a duty to collect in the estate's assets and settle any outstanding debts (or liabilities), including the funeral bill. After all liabilities have been settled, whatever's left can then be distributed to the beneficiaries.
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Do pensions form part of a deceased estate?

They do not form part of the assets in a deceased member's estate. Instead, section 37C places a duty on the trustees of the fund to allocate and pay the benefit in a manner that it deems fair and equitable and only in three exceptional circumstances, may the benefit be paid to the estate.
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How do I write an Executorship letter?

The first step in getting Letters of Executorship is reporting the deceased estate to the Master. All you have to do, is complete the online consultation. We will then prepare all the documents required to report the estate and set up a meeting with you for signature.
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What assets are excluded from an estate?

Assets that won't attract estate duty
  • Retirement funds. ...
  • Living annuities. ...
  • Buy and sell assurance. ...
  • Key person assurance. ...
  • Domestic policy where your spouse is the named beneficiary.
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Can you have 2 executors of a will?

There can be one or more Executors appointed in the Will, but the maximum number of Executors that can apply for a Grant of Probate is four. It is common for Will Writers to recommend a minimum of two Executors when someone is making a Will, but it's still a common occurrence for only one Executor to be been appointed.
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How long after a death is a will read?

The Probate Office or Registry will send you a Grant of Representation by post. This usually takes around 3 weeks.
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