Executor not doing duties
Good morning. My grand-father passed away 7 years ago. my mother was appointed as the executor. In the mean-time she passed away. After that my aunt (mother sister( informed us that she is the executor. We have no document that suggests she is the executor. In the mean-time nothing is being done. I suspect there is fraud. What can I do
All deaths must be reported to the Master of the High Court in the area in which the deceased lives, within 14 days. Various documents are filed including a Will of the deceased. In the will an executor is appointed, and possibly an alternate executor, if the existing one passes away or is unable or unwilling to serve as one. The Master of the High Court issues an official letter of executorship, that grants the executor the right to wind down the estate. The executor may use a lawyer or an accountant etc to assist.
I presume your grandfather left a WILL. The first step is to approach the Master’s Office in the area of jurisdiction. Speak to the officials there, usually an assistant master who will draw the file and explain what is happening. You may also obtain copies of the content of the file on application. How your Aunt became an executor will be validated or not from the file, as well as progress on the matter.
If still unhappy approach a lawyer who specializes in the administration of estates to assist.
For more on Estates you may look at this link.