When someone dies they leave behind a cast of characters: the lucky beneficiaries, the all-powerful executor, and the inevitable family member who suddenly becomes an expert in estate law (despite never having read a legal document in their life).
If you're lucky you'll have a script to follow (in the form of a will) and like a good English TV series, the storyline will be predictable, with just enough twists and turns to keep all the players on their toes but the high stakes drama will be minimal.
But not every deceased estate is like that.
So what happens if there is drama...?
For the purpose of this exercise let's assume the dead person has a will naming beneficiaries of their estate (people who will get a slice of their die pie) and an executor/s (who holds the knife that cuts the pie).
It's not uncommon for will makers to give one person the ability to cut the pie and receive a slice - naming them the executor and a beneficiary of their estate.
As an executor, your job is to arrange the funeral, secure any assets, handle debts, distribute assets to beneficiaries. Your job is not to play god with the dead persons stuff.
As a beneficiary, your job is to quietly sit back and wait for your windfall to come rolling in (usually not but that's sometimes how it's portrayed).
If you're lucky the executor will include you in their decision-making or openly communicate with you throughout the process. But we all know life doesn't usually follow a drama-free path. As a beneficiary with no executor powers, it's not uncommon to start to wonder: Do I have any say in this, or am I just waiting for crusts to be thrown my way?
Good news - being a beneficiary without executor power doesn’t mean you have to sit back and accept whatever happens. Executors are supposed to follow the rules, and if they don’t, you have every right to call them out.
Bad news - getting your rights enforced may require more patience than teaching your grandmother to use an iPhone if you don't have the right people on your side. Challenging but certainly not impossible.
Nobody wants to argue over dead people's money - but sometimes you should.
I'm a big supporter of finding ways for families to stay friends when someone dies. I'm committed to writing wills that don't set people up to argue or fail. I absolutely do not condone using a will to reward or punish people who have been disappointing.
In short, I'm a lover, not a fighter. But sometimes there are so many red flags waving in the wind that an executor is acting like royalty and not in the best interest of beneficiaries that I'm ready to glove up and help straighten the score.
By law, executors are compelled to act in the best interest of the estate and its beneficiaries.
In reality, sometimes executors let the power of holding the die pie knife go to their head. If you notice any of these red flags, it might be time to give me a call to explore your options as a beneficiary:
🚩 Estate Administration that drags on longer than watching the entire back catalogue of Friends episodes.
Fact: Executors need to distribute the estate in a reasonable time frame. If you're still waiting for your piece of the die pie years after death, chances are something fishy might be going on.
🚩 Secrets, secrets and more secrets.
Fact: As a beneficiary, you have a right to know what's going on. If the executor is playing secret squirrel or is more tight-lipped than a magician's assistant you have every right to demand transparency and information.
🚩 Playing favourites.
Fact: If the executor is also a beneficiary, they may be mysteriously prioritising their own inheritance or making decisions based on what's in their best interests, not yours.
🚩 Spending dead people's money like they won the lottery.
Fact: Executors must manage funds responsibly and make financial decisions in the best interest of the estate - that means not funding their own midlife crisis or giving their mates a leg up by agreeing to inflated prices or exaggerated quotes.
🚩 A mean or unfair will is being defended at all cost by the executor (aka "It's what the dead person wanted")
Fact: If you've been left with nothing but a scrap of the die pie but Favourite Counsin Jerry received the lion's share including the antique coin collection and the beach house, you might have grounds for a family provision claim.
What the law says:
As of 1st January 2025 the Succession Act 2023 (SA) provides additional protections for beneficiaries specifically around holding executors to account. If legalese is your jam, the relevant sections include:
Section 97 - the Court may require an executor or administrator to give an undertaking regarding the administration of a deceased estate.
Section 98 - if an executor fails to perform their duties or comply with an undertaking, the Court may:
- Order the executor to pay a sum into the estate equivalent to any financial benefit improperly received.
- Order the executor to compensate anyone who has suffered loss or damage due to their failure.
- Make any other order necessary to compensate affected parties.
Section 98(3) - court action must be started within three years of becoming aware of the executor's failure (seek legal advice before taking action as there may be cost implications).
What happens if it becomes executor vs. beneficiary
If your executor is acting more diva than responsible estate manager, here are some of the ways you can move forward as a beneficiary:
- Ask questions
Executors are legally required to keep records. If things are moving slower than you think is appropriate, start requesting updates. - Get advice
As a beneficiary, you don't have to shut up and put up. I offer a service where I collect information, provide initial advice and send correspondence accordingly to the executor or the executor's solicitor. - Try mediation
Before you go full courtroom drama, mediation might help resolve things without the stress or onerous legal bills. Mediation is like family therapy (but with lawyers).
If you're not sure if you're the victim or villain of a deceased estate let's have a chat to see what your options are moving forward.