A mother and an adult child were appointed as the co-executors of their late husband/father’s estate. One co-executor, who wanted to sell their family home, signed a sale agreement without the consent of the other. However, the sale agreement of their family home will not be valid.
Where an immovable property has been acquired by a person during their lifetime and such person passes away, the property forms part of that person’s estate and must be administered according to his will.
The deceased can nominate one or more persons in his will to administer his estate accordingly upon his death. Such a person is termed an “executor” and where there are two or more executors, they are referred to as co-executors.
Co-executors must always act jointly as they are charged with the duty to properly administer the estate from start to finish. An executor, therefore, may not enter into an agreement with a third party without the other co-executor.
Our courts have accordingly held that where several executors are appointed, each is responsible for the due administration of the estate.
This means that co-executors must act jointly and are jointly responsible to carry out the wishes of the deceased until the Master releases them from such duty.
The relationship of co-executors is also different to that of a partnership. With a partnership, a partner can act and sign a sale agreement on behalf of the others. In the case of co-executors, they must always act jointly as they are both equally responsible for the administration of the estate.
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This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)