Don’t appoint ABSA as your executor.

TLDR Don’t make ABSA your executor, but if your recently deceased loved one did, read on.

If you or loved ones choose ABSA as your executor you will need the following links:

Masters Office Web Portal - Index so that you can monitor the progress yourself. https://icmsweb.justice.gov.za/mastersinformation/Account/Login?ReturnUrl=%2fmastersinformation%2fMastersOfficeWebPortal%2fDeceasedSearch

Step 1 in the complaints process: Complaint Resolution Suite: Email *** or call *** Brace yourself though. ABSA’s complaint resolution department will insist on addressing the correspondence regarding the complaint to the deceased family member instead of the person who complained. They have no clue that they might upset you further. They will act surprised. Each time.

When you don’t get assistance, step 2: https://www.obssa.co.za/wp-content/uploads/2018/04/Application-for-Assistance-form-FINAL.pdf

The estate’s Act. You’re going to need this. Pay attention to Sections 29, 35, 46, and 54 Justice/Homehttps://www.justice.gov.za › ...PDFAdministration of Estates Act 66 of 1965

If they appointed attorneys and you have proof that the attorneys did not adhere to the estates act requirements. Legal Practice Council https://lpc.org.za › how-to-lodge-a...How to Lodge a Complaint

If ABSA have passed the estate off on to attorneys to do the work, know that you are on your own. We complained repeatedly to ABSA, even asked them to change attorneys. But they refused and left us to fight the ******** incompetence alone.

This is the response we got from ABSA two years into the saga, after we officially complained because their estate’s department were ignoring their attorneys’ mistakes: “Our role was to resolve the complaint that you raised and ensure that, once the issues have been resolved, the normal process of finalising the Estate can resume, including regular communication between yourself and the attorneys. All questions, queries or requests going forward, until the finalisation of the Estate, must therefore be directed to the relevant attorneys.”

The complaint wasn’t resolved, but ABSA decided it was, so we escalated it to the Ombudsman. A year later the OBSSA found in our favour. It only took so long because ABSA took months to respond to the OBSSA. Go figure. Unfortunately the finding against them had no impact on ABSA’s hands-off approach.

Seven months later, after having stepped in again to fix yet another mistake made by ABSA’s attorneys, this is the response I got from ABSA:

“This is disappointing feedback, which I will take up with [ABSA’s attorneys]. However, your efforts in the matter continuously do not go unnoticed. Thank you for all the assistance”

Did ABSA take it up with the attorneys? Apparently not, because there was no change in their behaviour.

In the almost 4 years that we have sent hundreds of emails, we have only twice had a response from the person who was appointed by the Master of the High Court as the executor. Both times, her response was “We hereby acknowledge receipt of your email and will revert shortly with a response. Thank you”.

Needless to say the promised response did not happen “shortly”. It also came from someone else when they finally responded 2 months later, after multiple emails requesting a response. And this was the email where I pointed out that they had violated Section 51(4) of the Estates Act.

So my advice is to also monitor the estate bank account. The law specifically states that the executor may only be paid once everyone else (including the heirs) have been paid. ABSA’s attorneys withdrew the executor fee before paying the estate’s bills. They also withdrew the full executor fee even though they had agreed to a reduced fee on recommendation from the Ombudsman. Guess they thought we wouldn’t notice.

The heirs were only paid out 19 months after the executor fee had been withdrawn. I had to remind them of the provisions of Section 46 to get them to repay the interest and the ombudsman fine. I also had to teach them about compounding interest.

If they do the same to you, just remind them of the following court case: Thobejane v Master of the High Court, Johannesburg and Another (32145/2019) [2023] ZAGPJHC 1138 (9 October 2023)

Also, it is important that you insist that any “correspondents” and “consultants” that the attorneys subcontract to do the work of the executor, must be approved by the heirs before they are hired. These costs will be charged as an additional fee for the estate. Demand an explanation on why the task falls outside of the expertise of the appointed attorney, and if so, why the attorney was then appointed if they do not have the “expertise” to hand a document in (when laypersons may perform the task)? For instance, submitting the documents (allegedly) to the Master and then collecting the letter of executorship (after the heirs traced the missing documents that were left with security by the “consultant”) will cost the estate almost R2000. Insist that you are given the Master’s office reference number upon submission as proof of the submission. Tax attorneys are an acceptable expense; query the rest.

And don’t believe the excuses that it is the Master’s office that is solely at fault. The staff at the Nelspruit Master’s office are not that difficult to contact, they are friendly, and they are helpful. For instance, they helped us track down the documents that had not been submitted, and then issued the letter of executorship within two weeks.

If any of the heirs have emigrated, google the SARS requirements yourself, because ABSA’s attorneys will wait until the end before asking for the necessary SARS documentation, further delaying the process. And then they will appoint yet another subcontractor who will try fleece a further 1,5% plus swift fees to open a bank account with Capitec (not ABSA??) in the name of the heir, and then only will they pay what little is left of the inheritance over to the heir’s foreign bank account. It’s an entirely nonsensical step in smaller estates that will only cause a massive tax headache in both SA and the home country of the heir.

My parents’ estate could have been finalised within 6 months, but due to the multiple mistakes made by ABSA’s subcontractors, it took almost 4 years. The family was left to carry the costs of maintaining the property while ABSA had already (*******ly) paid themselves. I estimate that the total cost in avoidable expenses and interest paid/lost adds up to about 15% of the estate’s value. This does not take into account the impact on the health and sanity of the family, nor the time off work to fix the executor’s mistakes. All this added to the trauma of losing 3 family members in less than 3 weeks.

P.S. ABSA, I know you read these reviews, but you might want to check out the reviews of the “relevant attorneys” you appointed. Your name appears regularly on that attorneys’ review list and it isn’t a good look. I am sure you know who I am referring to.

I do not want another **** apology from ABSA. You had your opportunity and you missed it (see The Organizational Apology to understand what I mean). As I told one of your regional managers recently, “Changed behaviour is the most sincere apology.” We have yet to see any change.

I will not provide any of the multiple complaint reference numbers as I do not want any further feedback from, or contact with, ABSA. This review, as a warning to others, is the final act in cutting all ties with ABSA. Adieus