Executor of Estate: Do I need a lawyer?

Londo

Senior Member
Joined
Sep 11, 2007
Messages
994
The standard fee an attorney charges is 3.5% plus VAT of gross assets. The estate is straightforward (famous last words) and is about R4 million so the fee would be about R160k.

I am thinking whether I can do it myself? Or can I find someone to do it for less? Is there a "How to" guide?

An attorney tells me that the Master of the Court frowns on non attorneys doing it, but I think that could be attorney talk as I have met people at the Master's office a few times regarding the current Estate where I am the executor.

This Estate has been a bear with the constant meddling of an ex wife from hell and after 6 years is still not wound up. It is a small Estate so the attorney has earned every penny he makes but that is another story.

Anyone got any experience? Thanks.
 

blunomore

Honorary Master
Joined
Jul 8, 2007
Messages
26,789
The standard fee an attorney charges is 3.5% plus VAT of gross assets. The estate is straightforward (famous last words) and is about R4 million so the fee would be about R160k.

I am thinking whether I can do it myself? Or can I find someone to do it for less? Is there a "How to" guide?

An attorney tells me that the Master of the Court frowns on non attorneys doing it, but I think that could be attorney talk as I have met people at the Master's office a few times regarding the current Estate where I am the executor.

This Estate has been a bear with the constant meddling of an ex wife from hell and after 6 years is still not wound up. It is a small Estate so the attorney has earned every penny he makes but that is another story.

Anyone got any experience? Thanks.

The executor of an estate is not required by law to be an admitted attorney - anyone can theoretically do it.

However : An experienced attorney should also have good negotiation and mediation skills, so it would come in handy with the meddling ex-wife, etc etc.
 

roddyp

Well-Known Member
Joined
Aug 6, 2003
Messages
446
i just went through the whole thing. I got executors involved as its an absolute shag to do it yourself. Especially if something goes wrong. However, the 3.5% is negotiable. Speak to Sanlam. They did it for me at about 2% i think, so shop around.

if you want the contact at sanlam, PM me an i will send em to you.

Cheers

Roddy

p.s. if you stand to inherit anything, you cannot be the executor...
 

Hoof-Hearted

Expert Member
Joined
Dec 14, 2007
Messages
1,113
Did my old man's 2 years back. Estate in CT... me in Jozie. It was a breeze although I must admit it was an uncontested simple estate. All the necessary documentation is available from your local Waltons and there's enough info online to give you enough of an idea of the process to be followed. I found the staff at the masters office extremely helpful
Fsk the lawyers ... negotiate a fee for yourself as the executor
 
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