Every deceased estate requires decisions, but not every decision is straightforward.

Should an estate asset be sold or transferred to an heir? Can an interim distribution be made? When should a creditor's claim be rejected? Is a redistribution agreement the appropriate solution? When should the Master be approached for guidance?

While legislation provides the legal framework, it does not always provide the answer. Executors and practitioners are regularly required to exercise fiduciary discretion, balance competing interests and make decisions that have significant legal, financial and practical consequences for the estate, its beneficiaries and creditors.

This webinar examines the most significant decision points encountered throughout the administration of a deceased estate. Through legislation, case law, practical examples and real-life scenarios, delegates will gain a practical framework for exercising fiduciary discretion, managing risk and making legally sound decisions with confidence.

Topics Discussed:

Module 1: Understanding Fiduciary Discretion

• The executor's fiduciary duties and legal responsibilities
• Understanding the scope and limits of fiduciary discretion
• When must the executor exercise discretion and when is the executor bound by law?
• Balancing the interests of beneficiaries, creditors and the estate
• Managing conflicts of interest
• Personal liability and protecting the executor

Module 2: Making Decisions About Estate Assets

• When should estate assets be sold, transferred or distributed?
• How should estate liquidity and cash flow be managed?
• Can a business continue operating after death?
• When are interim distributions appropriate?
• Managing immovable property and other significant estate assets
• Protecting estate value while exercising fiduciary discretion

Module 3: Making Decisions About Beneficiaries and Creditors

• Should a creditor's claim be accepted, rejected or compromised?
• When should a redistribution agreement be considered?
• Managing competing beneficiary interests
• When should beneficiaries be consulted?
• When should the Master, or ultimately the Court, be approached for guidance?
• Negotiating practical solutions while remaining legally compliant.

Module 4: High-Risk Decisions and Practical Case Studies

• Applying legislation and case law to complex estate administration scenarios
• Practical decision-making from reporting the estate through to final distribution
• Identifying high-risk decisions and avoiding common pitfalls
• Recording and motivating significant decisions
• Best practice recommendations for exercising fiduciary discretion

All Included:

• Recording of the session
• Q&A with the presenter
• Downloadable course material
• Certificate of training
• Assessment (optional)
• SAIT Accredited (3 verifiable CPD hours)