Nomination to act as Executor form

When there is no last will and testament, or nobody was nominated in the last will and testament to serve as executor of the estate, the next-of-kin need to nominate one or more people to serve as executor, complete the "letter of nomination to act as executor" form, and send it together with other required documents (e.g. form J192 containing the particulars of the next of kin, form J190, Acceptance of Trust as Executor) to the Master of the High Court. As with other documents submitted to the Master, it is important to ensure all information provided is accurate and complete (false declarations can lead to legal consequences). Click here to download the form and fill it in If you would like an agent to assist with filling in the form; then populate the form as far as you can and then email it to lawyer@capetownlawyer.co.za for review, assistance and let us know if there is anything in particular you are struggling with.

Consultation

Who may serve as executor?

Regulation 910 of the Attorneys Act sets out who may serve as executor. Read the full regulation to see the complete picture, but a simplified summary is that with certain exemptions only attorneys, notaries or conveyancerss (or their agents) may serve as executors; notable excemptions are:

• "(1) any natural person nominated as executor by any deceased person by a will registered and accepted in the office of the Master, in so far as he is personally liquidating or distributing the estate· of such deceased person;"
• "(2) the spouse of or any person related by consanguinity; or affinity up to and including the second degree to such natural person, in so far as he is assisting such natural person with the liquidation or distribution of such estate;"
• "(3) the surviving spouse of or any person related by consanguinity or affinity up to and including the second degree to a deceased person, in so far as he is liquidating or distributing the estate of such· deceased person;"

Frequently asked questions

• How do you apppoint an executor of an estate after death?
  • If there is a valid will specifying who the exectur should be, then this person will need to apply to the Master's Office for letters of executorship
  • If there is no will specifying who the executor should be, then (as detailed at the top of this page) the next-of-kin need to nominate one or more people to serve as executor, complete the "letter of nomination to act as executor" form, and send it together with other required documents to the Master's Office.(

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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Deceased Estate discussion forum

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