Series | Week 5
Title: WHAT HAPPENS TO YOUR ESTATE WHEN YOU DIE WITH A VALID WILL?
Last week, we touched on What Happens When a Loved One Dies Without a Will legally referred to as intestacy. This week we will delve into the opposite. One of the most common misconceptions about wills is that once a person dies and they have a will, everything automatically falls into place. While a will provides much-needed guidance, the estate of the deceased must still go through a legal process called estate administration. In this article, we break down what really happens when a person dies testate—that is, having left a valid will.
Locating the Will and Reporting the Death
After death, the first step is to locate the deceased’s will and report the death to the Master of the High Court. The will must be the most recent version and must meet all legal requirements under the Wills Act—such as being in writing, signed by the testator, and witnessed by competent individuals.
Appointment of the Executor
The will often names an executor—this is the person the deceased trusted to carry out their wishes. The executor applies to the Master for appointment and is issued with Letters of Executorship. If the named executor is unable or unwilling to act, the Master may appoint someone else.
The executor has legal authority to manage and distribute the estate.
Estate Inventory and Valuation
Once appointed, the executor prepares a detailed inventory of all assets and liabilities of the deceased. This includes:
Land and buildings
Vehicles and household goods
Bank accounts and shares
Debts and liabilities
In some cases, assets need to be professionally valued to determine the gross value of the estate.
Notice to Creditors
The executor must publish a notice to creditors in the Government Gazette and a local newspaper, giving them a specific time (usually 30 days) to submit claims against the estate. This helps prevent surprises later in the process.
Settling Debts and Taxes
Before any inheritance is distributed, the estate’s debts must be paid. This includes:
Funeral expenses
Outstanding loans
Utility bills
Taxes, including estate duty (if applicable)
Only once liabilities are settled can the executor proceed to distribute what remains.
Distribution of the Estate According to the Will
The executor then prepares a distribution account, showing how the remaining assets will be allocated according to the wishes of the deceased as set out in the will. This account is submitted to the Master for approval and inspection.
Once approved and advertised for objections, the executor can distribute the assets to the beneficiaries. This may include:
Transferring land through the Deeds Registry
Closing bank accounts and paying out funds
Handing over movable assets
Finalisation and Discharge
After all assets have been distributed, the executor files a final report with the Master. If all is in order, the estate is formally closed, and the executor is discharged from duty.
Why This Matters
Having a valid will does not eliminate the need for administration, but it simplifies the process significantly. It ensures:
That your wishes are followed
That your loved ones avoid conflict
That the process is more efficient and cost-effective
If you don’t have a will, your estate will be distributed according to intestate succession laws, which may not reflect your true intentions.
