The idea of a formal reading of the Will, where family members gather around while an executor dramatically reads the deceased’s wishes aloud, is familiar from films and television. In South Africa, however, the process is generally much more practical.
There is usually no formal ceremony where a Will is read aloud to the entire family. Instead, the executor takes responsibility for administering the estate and communicating with the beneficiaries.
What Happens After Someone Dies?
When someone dies, several important steps need to take place before the estate can be distributed.
1. The Death Is Reported
The deceased’s death and estate must be reported to the Master of the High Court in accordance with the applicable estate administration process.
The required documentation is submitted so that the estate can be formally administered.
2. The Original Will Is Located
The deceased’s family or the nominated executor will need to establish whether the deceased left a Will and where the original signed document is kept.
It may be held in safe custody by an attorney, an estate-planning provider, a financial institution or another secure location.
Knowing where the original Will is kept can make this process considerably easier for a grieving family.
3. The Will Is Lodged With the Master
The original Will and the required documentation are submitted to the Master of the High Court as part of the estate administration process.
This is one reason why keeping the original signed Will safe and making sure your family or executor knows where it can be found is so important.
4. An Executor Is Appointed
The Master of the High Court deals with the appointment of the executor who will administer the estate. The person nominated in the Will may be appointed, subject to the applicable requirements and the Master’s process.
The executor then takes responsibility for administering the estate in accordance with the law and the deceased’s wishes.
So, Who Actually “Reads” the Will?
There is generally no requirement for a formal family gathering where the Will is read aloud.
Instead, the executor plays the central role in communicating with beneficiaries and dealing with the estate administration process.
Beneficiaries are informed of the relevant provisions of the Will and the inheritance to which they may be entitled. The executor also deals with matters such as identifying assets, settling valid debts and liabilities, and ultimately distributing the estate.
Can There Be a Meeting of Beneficiaries?
Sometimes.
An executor may communicate with beneficiaries individually or arrange a meeting where an estate is particularly complex, questions need to be addressed or there are disagreements between interested parties.
Such a meeting is not the traditional “reading of the Will”. It is instead an opportunity to communicate information about the estate and its administration.
Why Is the Original Will So Important?
The original signed Will is extremely important when an estate is administered. If the original cannot be found, the process can become significantly more complicated, and additional legal steps may be necessary depending on the circumstances.
For this reason, families should know where the original Will is stored and who can access it when it is needed.
What Does the Executor Do?
The executor has an important responsibility to administer the estate. Depending on the circumstances, this can include identifying and securing assets, dealing with creditors and liabilities, communicating with beneficiaries, preparing the required documentation and distributing assets according to the Will and applicable law.
Preparing Your Family for What Happens Next
Understanding what happens after death can make an emotionally difficult process less confusing. While there may not be a dramatic “reading of the Will”, the document remains central to determining the deceased’s wishes and guiding the administration of the estate.
Preparing a Will, keeping the original safely in custody and making sure the right people know where it can be found can help your family navigate the process with greater clarity when the time comes.
If you haven’t yet considered the impact of your estate plan, start here:
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