Consultation

J190 Form: Acceptance of Trust as Executor

When somebody has been nominated to serve as executor of a deceased estate, they may accept this nomination by filling in a form J190, Acceptance of Trust as Executor, to formally accept the responsibility of acting as executor. After filling the form in, it should be submitted to the Master of the High Court, along with required accompanying documents like the certified copy of the photo page of the ID of the executor. Ensure all information provided is accurate and complete. Remember, any false declarations can lead to legal consequences. If you would like an agent to assist with filling in the form; then populate the form below as far as you can (it is in a beta development phase), and a deceased estate agent will review it and help you fill in the J190 form before you send it and accompanying documents to the Master. Click here if you'd like to fill in the form yourself (you are welcome to email it to lawyer@capetownlawyer.co.za for review).

Nomination/s for Executor

Anybody may nominate an executor in their last will and testament. If somebody has not left a last will and testament then the next-of-kin may nominate an executor; the steps being as follows:

• Set out the particulars of the deceased's next-of-kin in Form J192 (this must be in the form of an affidavit witnessed by a Commissioner of Oaths.
• The next-of-kin nominate an executor in a "nomination to act as executor form".

Who may be appointed executor

• May a family member be appointed as executor?
  • Yes; a family member may be appointed as executor; this is in fact quite common. However, if there are complexities such as a property forming part of the estate, the Master may require that a conveyancing attorney be appointed as agent (assuming that the family member is not a conveyancer).
• Who may not be appointed as executor?
  • Someone under the age of 18 years.
  • Someone who is mentally incapacitated.
  • Someone with a criminal record involving dishonesty.
  • :Likely someone who is undergoing sequestration.
  • Someone has a curator bonis appointed to manage their own financial affairs.
  • Someone the Master of the Hgh Court consders unsuitable.
  • The following individuals are not ruled out completely; but are less likely to be considered suitable:
    • Non-residents of South Africa. (unless they appoint a South African local agent)
    • People with conflcits of interests.
    • People who are not financially competent.
    • Businesses.

Cases involving Form J190

Incorrect address on J190: South Africa instead of overseas

• Gauteng High Court
  • 21 Sep 2021 : MS & Others vs Le Mothe & Others
    
    • Amongst other executorship-related issues raised, was that the J190 form set a residential address as being in Sandton (Johannesburg) instead of alerting the Master's Office that the 2nd respondent was not resident in South Africa; which may have resulted in the Master requesting security. This was denied by the respondent who said he had been resident in SA since 2005; although admitting that he had initially not reported to the Master's Office that he had been absent for a period exceeding 60 days having left in Dec 2019 (and would return to Sandton as soon as he is permitted to travel). It was also noted that "such bond of security in any event would be a cost in the administration of the estate and as such, such costs would have no effect on the executors whatsoever".
    • The juddge noted that the Master of the High Court had elected not to file an affidavit: "If the complaints raised against the respondents was of such grave concern against the office of the Master, at the very least some input would have been expected from the Master. The silence as such is deafening and I can only assume is of no significance to the office of the Master. It is for this reason that I conclude that the respondents must be given the benefit of the doubt in respect of this further complaint".

Form J155

Form J155 is similar to form J190; but is used where estates are smaller than R250,000 - 18(3) estates

Deceased Estate Information

If a relative has died, perhaps without a will, and you are unsure of what do:

• Report deceased estate to the Master online
• Steps to take when your parent dies without a will.
  • Applying for a death certificate
  • J192 form - next-of-kin
  • Nomination to act as executor
• Lawyers in Cape Town specialising in deceased estates.
• Administrators in Cape Town for deceased estates .
• Letter of executorship requirements in South Africa.
  • J192 form - next-of-kin (if no will)
  • Nomination to act as executor (if no will)
  • J190 form assistance
• Administration of deceased estates in South Africa.
• Property transfer cost in a deceased estate.
• Inheritance and child maintenance obligations.
• Intestate Succession Act
• Tracking deceased estates
• Death of a spouse before divorce if finalised

Wills

• How to write a will.
• Example of a last will and testament.
• Get your will drafted for free (by a lawyer).
• List of lawyers that draft wills in Cape Town.
• Consider updating your will when these events occur:
  • when divorcing; to avoid your ex-spouse possibly inheriting everything.
  • death of somebody mentioned in your will,
  • the birth of a child you may want to include in your will,
  • marriages

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