Can An Executor Be Removed From A Deceased Estate In South Africa

Waiting for a loved one’s estate to be finalised can be difficult, especially when updates are scarce or questions go unanswered. You may begin to wonder whether the executor is doing what they should, and whether someone else can take over.

Yes, an executor can be removed from a deceased estate in South Africa. Section 54 of the Administration of Estates Act allows removal by the Master of the High Court on specified grounds, or by a court where the legal requirements are met. However, a family disagreement or a delay does not automatically justify removal. The concern must be supported by evidence and assessed against the executor’s duties and the interests of the estate.

Understanding the difference between slow administration and a serious failure to act can help you decide what to do next.

What Is An Executor Responsible For

An executor administers the deceased estate. This includes identifying and collecting assets, dealing with valid debts, preparing the liquidation and distribution account, and distributing the remaining estate according to the will or applicable succession law. The Master supervises the administration process.

Being named in a will does not, by itself, authorise a person to start winding up the estate. Formal authority is required. Our article on when you need a lawyer to administer a late estate explains more about obtaining help with the process.

What Could Justify Removing An Executor

Failure To Carry Out Required Duties

An executor who repeatedly fails to lodge required accounts, ignores lawful requests from the Master, or allows the administration to remain inactive without an adequate explanation may face removal. Section 54(1)(b)(v) specifically addresses an executor’s failure to perform satisfactorily a duty imposed by the Act or to comply with a lawful request from the Master.

Keep a record of what was required, when it was due, and what actually happened. A missed email alone is unlikely to tell the whole story; a documented pattern of failures may be much more significant.

Misuse Of Estate Assets Or A Serious Conflict Of Interest

Unexplained withdrawals, payments that appear to benefit the executor personally, or decisions that place estate assets at risk deserve prompt investigation. The question is whether the evidence establishes grounds for action, rather than whether someone suspects wrongdoing.

An executor may also be an heir. That does not automatically disqualify them. A real conflict that undermines the proper administration of the estate requires closer scrutiny.

Does A Delay Mean The Executor Should Be Removed

Not necessarily. Administration can be affected by outstanding tax matters, information required from financial institutions, property transfers, or disputes that need to be resolved. Ask what is holding up the estate, what steps have been taken, and what remains outstanding.

There is an important deadline to understand: section 35(1) generally requires the liquidation and distribution account to be lodged within six months after letters of executorship are granted, although the Master may allow a further period. This is an account-lodging deadline, not a promise that the entire estate will be finalised within six months.

A delay with a clear explanation and active follow-up is different from prolonged inaction or ignored statutory duties. The documents and the stage reached in the administration will matter.

Who Can Remove An Executor

Removal By The Master

The Master has specific powers under section 54(1)(b). These include removal for unsatisfactory performance of statutory duties or failure to comply with a lawful request from the Master, as well as other listed grounds. The Master does not have the same broad discretion as a court.

There are procedural safeguards. Before removing an executor under section 54(1)(b)(i) to (v), the Master must send a registered notice setting out the reasons and informing the executor of the right to apply to court, within 30 days from the date of that notice, for an order restraining removal. This is the executor’s protection; it is not a general 30-day deadline for a beneficiary to complain.

Removal By A Court

Section 54(1)(a)(v) allows a court to remove an executor if it is satisfied that, for any other reason, it is undesirable for that person to continue. A court application requires evidence addressing the relevant legal test.

In Brand v D.B and Another on appeal, decided in May 2026, the majority set aside an order removing an executor. The judgment emphasises that removal is a serious step and that the proper administration of the estate is central. Hostility or disagreement alone does not establish that continued appointment threatens that administration.

Can The Family Simply Choose Someone Else

The family cannot dismiss a formally appointed executor by majority vote. A nomination in the will is relevant, but it does not place the executor beyond removal where the legal grounds exist. Any replacement must obtain the appropriate authority through the Master.

First check the appointment document. A person acting under letters of authority as a Master’s representative under section 18(3) occupies a different position from an executor holding letters of executorship. The section 54 removal procedure should not simply be assumed to apply to both. The distinction was confirmed in Rahantlane v Master of the High Court.

Removing an executor is also separate from challenging the validity of a will. If your concern is about the will itself, read our article on contesting a will in South Africa.

What Should You Do If You Are Concerned

Start with a clear written request for an update, unless the circumstances call for urgent action. Identify the estate and ask specific questions about outstanding steps, accounts and any extension granted by the Master. Keep copies of the correspondence.

If the concern remains unresolved, prepare a factual complaint for the Master’s office where the estate was reported. Useful supporting information includes:

• The deceased’s name, estate reference number, and your relationship to or interest in the estate.
• The executor’s appointment details and the particular duty or conduct causing concern.
• A dated chronology of requests, replies, missed steps and relevant correspondence.
• Supporting documents obtained lawfully, and a clear explanation of the assistance you seek.

The Master’s official contact directory sets out an escalation route through the relevant Assistant Master, Deputy Master and Head of Office, followed by the Office of the Chief Master if assistance remains unsatisfactory. A complaint does not itself remove the executor. If assets may be dissipated or urgent protection is needed, obtain legal advice promptly about appropriate court relief.

Are There Alternatives To Removal

Sometimes the immediate need is to get an account lodged or a duty performed. Under section 36, the Master or a person interested in the liquidation and distribution of the estate may seek a court order compelling compliance after giving the executor not less than one month’s notice. The requirements should be checked before taking that step.

A complaint about an item in the liquidation and distribution account may instead require a formal objection under section 35. That account lies open for inspection for at least 21 days, and an objection must be lodged before the advertised inspection period expires. Do not assume that an informal complaint preserves the objection deadline.

What Happens After An Executor Is Removed

Where a replacement is needed, the Master deals with the appointment and formal authority under the Act. An executor who ceases to hold office must return their letters of executorship. Arrangements must then be made for the proper transfer of estate records, funds and outstanding work to the authorised person.

Removal does not automatically change the will, settle disputes about inheritance or result in immediate payment to heirs. Existing proceedings involving the estate do not simply fall away because the executor changes. A new appointment may also involve further work and cost, which should be weighed against the protection the estate needs.

Need Help With Concerns About An Executor

You should be able to raise a legitimate concern about a deceased estate and understand the available steps. Whether the appropriate response is a request for information, a complaint to the Master, an objection or a court application will depend on the facts.

Our team can help you understand how an estate lawyer can assist, assess the documents and consider the next step. Contact Burnett Attorneys and Notaries for guidance on protecting your interests in a deceased estate.