Estate administration generates a remarkable number of misconceptions. Some of them are harmless misunderstandings. Others can cause real damage such as families removing assets they are not entitled to, beneficiaries pressuring executors to skip legal steps, or heirs making decisions based on an incorrect understanding of what the will says or what the law requires.
In our practice, we encounter the same myths repeatedly. They are not born of bad faith, most people simply have not had reason to learn how estate administration works before they are suddenly in the middle of it.
This infosheet addresses six of the most common misconceptions, sets the record straight, and explains why the legal reality is what it is. It is useful reading for anyone involved in an estate who has heard things that do not quite sound right.
1 Myth 1: “The executor can distribute assets immediately.”
Reality: Debts must be settled first, and legal timelines must be followed.
2 Myth 2: “The executor decides who gets what.”
Reality: The will — or the Intestate Succession Act — determines distribution.
3 Myth 3: “Beneficiaries can take items from the house.”
Reality: No one may remove assets until the executor authorises it.
4 Myth 4: “The Master can speed up the process.”
Reality: The Master follows statutory timelines and workload constraints.
5 Myth 5: “If there’s a will, the estate will be quick.”
Reality: Property transfers, tax issues, and missing documents still cause delays.
6 Myth 6: “Family agreements override the will.”
Reality: The will is legally binding unless formally challenged.