I am an Executor and I Have Been Asked to Provide the Beneficiaries of the Deceased Estate with Information and Copies of Documents. What Should I Do?

Requests for copy documents in relation to a deceased estate usually occur when a beneficiary or a potential claimant against an estate want information about a will and the value of an estate. There are statutory requirements in SA in relation to the provision of ‘formal disclosure’ but outside of the Court processes principles of relevance, best and current practice, and the duty owed by the executor to the beneficiaries and creditors of the estate are relevant. Requests are often made for: • A copy of the Will; • A list of the deceased’s assets and liabilities; • Copies of valuations of assets; • Updates as to the progress of administration. An executor is not required to provide copies of all documents in relation to a deceased estate to the beneficiaries but is required to provide sufficient information to enable the beneficiaries to understand their interests and the progress of the estate. An executor should provide timely responses to requests for information. If a request is unreasonably refused, the Court can intervene and make orders ensuring a resolution to the dispute and may make costs orders against an executor unreasonably refusing to respond and provide information. Sometimes requests are made to inspect the file of the solicitor who prepared the will on the will maker’s instructions, attendance notes and correspondence. Consideration should be given to whether it is beneficial to allow inspection. It may help to resolve a dispute, saving time and therefore be cost effective. Whether to agree to a request to provide information or copy documents to beneficiaries or other interested parties in relation to a deceased estate can be a difficult question for an executor and it may be wise to seek legal advice.