Why South Africa Should Recognise a Multidisciplinary Profession
Estate administration in South Africa is one of the most important fiduciary functions in society.
However, it involves far more than legal compliance. The administration of a deceased estate often requires expertise in taxation, accounting, financial management, family liaison and practical problem-solving.
As discussions around Regulation 910 continue, an important question has emerged:
Should estate administration be viewed as a purely legal service, or as a multidisciplinary profession that draws on a range of specialist skills?
For some, the answer is straightforward: attorneys.
For others, the answer is more nuanced.
The reality is that estate administration in South Africa involves far more than interpreting legislation.
Estate Administration Involves More Than Legal Work
Many people assume estate administration is primarily a legal process.
While legal compliance forms an important part of the process, a typical deceased estate may also require:
- Financial administration and cash flow management
- Estate accounting
- Drafting L&D accounts and making sure the figures reconcile to the estate bank account
- Tax compliance and liaison with SARS
- Property management and sales
- Insurance claims
- Asset valuations
- Investment administration
- Creditor negotiations
- Family communication
- Conflict resolution
- Project management across multiple stakeholders
Anyone who has administered a deceased estate knows that legal compliance is only one component of the process.
Furthermore, executors often spend more time dealing with banks, balancing figures and accounts, accountants, SARS, financial advisers, property practitioners and beneficiaries than they do dealing with legal questions.
Estate administration is therefore not purely legal. It is fundamentally fiduciary in nature.
Regulation 910 and the Future of Estate Administration
The purpose of regulation should always be to protect the public.
The question should not be:
Which profession should perform this work?
The question should be:
What framework best protects families while ensuring estates are administered efficiently, ethically and competently?
South Africa already regulates attorneys, accountants, financial planners and a growing number of fiduciary professionals.
A modern framework should recognize competence, accountability, experience and oversight rather than focusing exclusively on a single qualification
Why Estate Administration Is a Multidisciplinary Profession
The modern estate administration environment is highly specialised.
Legal expertise remains important. However, taxation, accounting, financial planning and family governance also play a significant role.
The most successful outcomes often result from collaboration between professionals with different areas of expertise.
For example, few attorneys specialise in tax. Likewise, comparatively few accountants specialise in estate law. Similarly, relatively few fiduciary professionals/financial planners focus exclusively on trust administration.
Yet many estates require all three skill sets.
Consequently, estate administration has developed into a multidisciplinary profession that draws on a wide range of expertise.
Professional Standards in the Fiduciary Industry
The estate administration landscape looks very different today than it did a few decades ago.
Today, specialist professional bodies provide training, ethical standards and continuing professional development for fiduciary practitioners.
For example, the Fiduciary Institute of Southern Africa (FISA) awards the FPSA® (Fiduciary Practitioner of South Africa) designation to practitioners who meet prescribed educational, experience and competency requirements.
This development highlights an important reality:
Estate administration has evolved into a recognised discipline in its own right.
Modern practitioners frequently require expertise in:
- Deceased estate administration
- Trust administration
- Estate planning
- Tax compliance
- Financial planning
- Estate accounting
- Succession planning
- Fiduciary risk management
Therefore, competency should not be measured solely by professional membership. It should also take into account specialist knowledge, practical experience and ongoing professional development.
Consumer Choice, Freedom of Testation and Affordability
Many wills nominate a spouse, child, sibling or trusted friend to act as executor.
In many cases, those individuals willingly accept the responsibility but require professional assistance to administer the estate effectively.
If regulation restricts the pool of available professionals too narrowly, executors may have fewer opportunities to choose the adviser who best suits their needs.
Different professionals operate under different business models and fee structures. While some charge on a time-cost basis, others may offer alternative approaches that better suit the size and complexity of a particular estate.
Importantly, most estates in South Africa are not high-net-worth estates. Instead, many families are trying to preserve as much value as possible for surviving spouses, children and dependents. Whenever estates absorb unnecessary administration costs, beneficiaries ultimately receive less value.
A broader and properly regulated professional environment allows executors to assess service providers based on:
- Competence and experience
- Professional qualifications and designations
- CPD and Annual learning
- Reputation and service standards
- Communication and personal fit
- Cost and affordability
Ultimately, informed choice benefits the public.
Freedom of Testation Includes Meaningful Choice
South Africans generally enjoy the freedom to nominate an executor of their choice.
However, many nominated executors need professional guidance to fulfil their duties effectively.
If only a narrow category of professionals may provide assistance, a practical limitation can arise. Executors may have fewer choices when selecting the person best suited to their circumstances, budget and expectations.
A healthy professional environment should encourage families to consider expertise, affordability, reputation and service levels when appointing professional assistance.
Capacity and Access to Estate Administration Services
Equally important, capacity matters. If estate administration is restricted to a narrow group of professionals, increased demand may place growing pressure on the available pool of practitioners. Recent pandemics have demonstrated how unexpected events can significantly increase mortality rates and place additional pressure on estate administration services.
As a result, consumers may experience reduced choice and potential delays.
At the same time, significant expertise already exists within accounting, taxation, financial planning, banking, compliance and fiduciary services.
By allowing suitably qualified professionals to participate in a properly regulated environment, South Africa could increase capacity while maintaining professional standards and accountability.
Furthermore, a broader estate administration sector may create opportunities for professionals who are genuinely passionate about estates, trusts and fiduciary services.
Many successful fiduciary practitioners begin their careers in accounting, taxation, financial planning, banking or compliance before developing specialist expertise in estate administration.
Encouraging those professionals to participate helps strengthen the profession, expand capacity and improve access to services.
Families Need Practical Solutions
When a loved one dies, most families do not ask:
“What profession is assisting us?”
Instead, they ask:
- Will someone answer my calls?
- Who is actually the person we are dealing with?
- Will someone explain the process clearly?
- Will someone act independently and ethically?
- Will the estate be administered honestly?
- Will my family’s interests be protected?
- Can this be done efficiently?
Ultimately, these are questions of competence, communication, integrity and accountability.
They are not questions of professional labels.
Families simply want reliable assistance from someone who has the knowledge, experience and dedication to help them navigate a difficult period.
A Better Conversation About Estate Administration
This debate should not be framed as attorneys versus fiduciary practitioners.
The legal profession plays an important role. Accountants also contribute valuable expertise. Tax practitioners assist with increasingly complex compliance requirements. In addition, fiduciary specialists provide dedicated experience in estate administration, trusts and succession planning.
The real question is whether the public is best served by exclusivity or by a properly regulated framework that recognises competence, accountability and professional standards across multiple disciplines.
Estate administration is ultimately about protecting families, preserving assets and ensuring that a person’s wishes are carried out.
However, estate administration in South Africa is not solely a legal process. It also requires expertise in taxation, accounting, financial administration, communication and fiduciary responsibility.
Consequently, the debate should focus on how South Africa can create a regulatory framework that promotes competence, accountability, affordability and consumer choice.
Ultimately, the future of estate administration in South Africa should be judged by one standard:
Does it deliver better outcomes for executors, beneficiaries and families?
This article is intended to encourage discussion around the future regulation of estate administration in South Africa. It does not constitute legal advice and reflects the author’s personal views on public policy, professional standards and consumer choice.