I was told that I have to draft a will for the sake of my children, but no one told me that I have to name an executor in the will.  What will the effect be if I have not named an executor in my Will?

Answer:

The executor, or personal representative, is the person responsible for carrying out the instructions in a will once the person who wrote the will, or the testator, has passed. The testator is allowed to choose any competent adult to serve as executor, and most wills appoint an executor of the estate. However, if the will does not mention an executor, the Master of the High Court will appoint someone to be the executor.  This appointment is in the discretion of the Master and he will appoint someone that he deems to be fit for the appointment.

Usually, the Master will allow any interested person to offer to serve as executor and will choose from those who volunteer. Usually, a family member or beneficiary will be chosen to serve as executor, but where minor children are involved, the Master will only appoint an attorney to serve as executor.

Keep in mind that this is the person who will be in close contact with your heirs to finalize your estate.  If this person is not appointed by you, the family might not be as willing to work with the executor as you would expect.