Planning for what happens to your assets after death is one of the most important but often overlooked parts of financial planning. Choosing a competent executor is a crucial step in ensuring your estate is distributed according to your wishes, and that your loved ones are spared legal and administrative burdens during a difficult time. But who should you choose, and what exactly does an executor do?
What is an executor?
An executor is the person legally appointed to carry out the terms of your will or if there is no will, to help administer your estate according to Eswatini’s intestate succession laws.
According to the Estates Act of 1902 (as amended), the executor is responsible for:
- Identifying and gathering all assets of the deceased
- Paying any debts or taxes owed by the estate
- Distributing the remaining assets to beneficiaries
- Reporting to the Master of the High Court, who oversees estate administration
- Why choosing the right executor matters
- An executor’s role is not just symbolic; it is legally binding and often complicated. Selecting the wrong person can lead to delays, mismanagement, or even conflict among heirs. According to Zanele Simelane, Senior Estates Officer, “Many estates get delayed due to poorly chosen executors, either because they lack understanding of legal duties or because family conflict arises.”
- Who can be an executor?
- The executor must be:
- At least 18 years old
- Mentally competent
- Trusted by the testator (the person writing the will)
- Approved by the Master of the High Court
- You may appoint:
- A family member
- A close friend
- A lawyer or accountant
A trust company or financial institution, such as a bank with estate administration services.
Even though you can name an executor in your will, the appointment only becomes official once Letters of Executorship are issued by the Master of the High Court.
What makes a good executor?
When choosing an executor, look for someone who is:
Trustworthy: They will be managing your hard-earned assets.
Organised and detail-oriented: Administering an estate involves record-keeping, paperwork and deadlines.
Financially literate: They don’t have to be a financial expert, but they should understand basic budgeting and asset management.
Neutral and fair: Especially in families with complex dynamics, impartiality can prevent disputes.
Nomfundo Maseko, a wills and estates lawyer highlighted said: “It is often wise to appoint someone outside the family to avoid conflicts and misunderstandings, especially in polygamous or extended family settings, which are very common to us.”
What if you don’t choose an executor?
If you die without a will or fail to name an executor, the Master of the High Court will appoint someone, usually a family member or legal guardian. However, this can result in delays and disputes, especially if multiple parties believe they should manage the estate.
How to appoint an executor
- Draft a legal will
- Ensure your will is properly written, signed by witnesses, and kept safely.
- Clearly name the executor.
- Use full legal names and provide contact details.
- Appoint an alternate
- Name a second person in case your first choice cannot act.
- Inform the person
- Let your executor know you've appointed them. Discuss your wishes in detail.
- Update your will regularly
Especially after major life events like marriage, divorce or acquiring significant assets.
Where to get help
- Master of the High Court Offices
- Mbabane: Miller's Mansion, 1st Floor, CNR Gwamile Street & Mdada Street. Phone: 2404 2081 / 2404 8834 / 2404 6761.
- Manzini: Next to the Post Office. Phone: 2505 8345 / 2505 8354 / 2505 8353.
- Siteki: Opposite Building Society, Next to the Police Station. Phone: 2343 4984.
- For official guidance, application forms and estate rules.
- Law firms and financial institutions
Many offer will-writing and estate planning services for a fee.
Choosing an executor may feel like a minor detail, but in reality, it is a cornerstone of estate planning. With the right person in place, you can rest assured that your affairs will be handled responsibly and that your legacy will be protected. Don’t leave your family in confusion or conflict, plan today for peace tomorrow.
Disclaimer: This article is for informational purposes only and does not serve as legal advice. For specific guidance, consult a qualified legal practitioner or an estate planner
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