topic Re: Wills and Executors/Executrix in Community Spirit

Wills and Executors/Executrix

imastawka — Thu, 01 Jan 2015 07:26:49 GMT

I know Wills have to be lodged for probate with the Probate Office,

but does anyone in authority actually check that things are carried out

in accordance with that person's wishes?

The Will is made public property once it's lodged, but if no-one looks

at it, can the executor get away with doing whatever they want?

And if they get found out later, what happens?

Anyone?

BTW I'm not an executrix ATM, just curious............

Re: Wills and Executors/Executrix

grandmoon — Thu, 01 Jan 2015 07:39:14 GMT

When my mother died it was her solicitor who handled the probating of the will and it was his responsibility to make sure it was done properly.

Re: Wills and Executors/Executrix

polksaladallie — Thu, 01 Jan 2015 08:14:39 GMT

Why do wills have to be lodged anywhere?

Can you give details of that?

Re: Wills and Executors/Executrix

imastawka — Thu, 01 Jan 2015 08:17:48 GMT

You have to lodge a Will with the Probate Office or you can't

access bank accounts, superannuation, or sell property etc

http://www.supremecourt.vic.gov.au/home/forms+fees+and+services/wills+and+probate/

Re: Wills and Executors/Executrix

polksaladallie — Thu, 01 Jan 2015 08:26:59 GMT

@imastawka wrote:
You have to lodge a Will with the Probate Office or you can't
access bank accounts, superannuation, or sell property etc

http://www.supremecourt.vic.gov.au/home/forms+fees+and+services/wills+and+probate/

After the person dies? What happens then? Do they get some sort of a document giving them the extra powers then?

My executors can access my bank accounts now, because they have an EPA.

I thought I had done everything, now I am learning something else.

Thank you.

Re: Wills and Executors/Executrix

katymatey* — Thu, 01 Jan 2015 08:30:51 GMT

After my father passed away his solicitor handled everything.

Re: Wills and Executors/Executrix

imastawka — Thu, 01 Jan 2015 08:32:35 GMT

An EPA is not a Will. Who are you leaving your money and

personal property to?

http://www.aetlimited.com.au/__data/assets/pdf_file/0003/70761/Why_should_you_have_an_enduring_power_of_attorney.pdf

Re: Wills and Executors/Executrix

grandmoon — Thu, 01 Jan 2015 08:36:11 GMT

@polksaladallie wrote:
@imastawka wrote:
You have to lodge a Will with the Probate Office or you can't
access bank accounts, superannuation, or sell property etc

http://www.supremecourt.vic.gov.au/home/forms+fees+and+services/wills+and+probate/
After the person dies? What happens then? Do they get some sort of a document giving them the extra powers then?

My executors can access my bank accounts now, because they have an EPA.

I thought I had done everything, now I am learning something else.

Thank you.

Its my understanding that the EPA becomes nul and void on your death.

Re: Wills and Executors/Executrix

imastawka — Thu, 01 Jan 2015 08:41:28 GMT

Quite right, grandmoon

When does an enduring power of

attorney end?

An enduring power of attorney ends:

•

when you revoke it

•

on your death

•

when your attorney dies or can no longer act as your attorney,

•

if you have multiple attorneys appointed jointly, when one of

them dies or can no longer act as your attorney.

The enduring power of attorney may also end for more complex

legal reasons, such as insolvency. You should seek legal advice

about these matter

From here

http://www.aetlimited.com.au/__data/assets/pdf_file/0003/70761/Why_should_you_have_an_enduring_power_of_attorney.

Re: Wills and Executors/Executrix

evil_akuma_2002 — Thu, 01 Jan 2015 08:42:46 GMT

@imastawka wrote:
I know Wills have to be lodged for probate with the Probate Office,
but does anyone in authority actually check that things are carried out
in accordance with that person's wishes?

The Will is made public property once it's lodged, but if no-one looks
at it, can the executor get away with doing whatever they want?
And if they get found out later, what happens?

Anyone?

BTW I'm not an executrix ATM, just curious............

Although my wife and I are executors for her mother, who had the prescence of mind to allow us, now that she's suffering dementia, we are the controlling body, but as there's been a falling out with family in years gone by, they are still able to contest, should they wish to do so - so we've been advised to retain a solicitor in the event of her death, to ensure her wishes are met.

This will ensure parity between all parties.

Re: Wills and Executors/Executrix

polksaladallie — Thu, 01 Jan 2015 08:47:23 GMT

I know what an EPA is. My question is does the will have to be lodged after the person's death by the executor?

This is info that I didn't know, and I have just spent 4 months putting everything in place. Now I will have to add this extra information in the huge folder. Every department etc. requires different proof of validity of documents etc. It has been a huge job. Documents going back and forth to relatives, JPs stamping and signing reams of paperwork. Branches of banks (which bank) mucking up procedures, etc.

There is no solicitor involved, and I don't plan on any in the future.

Re: Wills and Executors/Executrix

punch*drunk — Thu, 01 Jan 2015 08:56:21 GMT

In Victoria wills have to go through probate if there is property or more than a certain amount of money, I'm not sure what the exactly amount is.

It takes about 6 weeks (sometimes more) and you cant really action anything until probate is through.

EPA is void once a person has passed away, but its surprising how many companies will still ask for it.

Its far easier to have a solicitor handle the whole thing in any case, they can liaise with the banks, super funds etc. You need to have a title of a house transferred into executors names before it can be sold so they have to do that anyway.

I have been executor 3 times in the last couple of years, the last one cost $4000 for the solicitor to handle but it was possibly a little more complicated than others may be.

Its enough of a headache cancelling things like phones, utilities and selling cars and houses, I'd hate to be having to chase up the money at the same time.

Edited to say different rules may apply to probate in different states.

Re: Wills and Executors/Executrix

punch*drunk — Thu, 01 Jan 2015 09:02:54 GMT

imastawka theoretically an executor can pretty much get away with whatever they like.

I think the idea of probate is that it advertised on the supreme court website so that people who think they may have a claim on the estate know about it. Once probate is granted the executors (or solicitor) can go about getting everything in order according to the will and liquidating assets. There is still 6 months from the date of probate in which people are able to contest the will but it is up to them to come forward in that time.

If the executors distribute the estate prior to the 6 months they run the risk of being sued.

So nobody actually checks on what the executors are doing unless the beneficiaries don't trust them, I guess its recommended that the maker of a will gives the beneficiaries a copy so they know whats what.

Re: Wills and Executors/Executrix

polksaladallie — Thu, 01 Jan 2015 09:05:09 GMT

Thank you, I just want to know the procedure to be taken.

Is there an office where the executor takes the will to in order to "get probate granted"

I will make some phone calls tomorrow or next week. It's just that I thought I had covered everything.

If the assets etc, are simple, there is no need for a solicitor.

It is the utilities, ISP, centrelink, medicare, health insurance, other insurances, etc, etc, They all require different documents and different measures of proof in order for someone to act on your behalf. I have done it all.

Re: Wills and Executors/Executrix

punch*drunk — Thu, 01 Jan 2015 09:20:30 GMT

I've only ever had the solicitor do the probate but as far as I know all that is required is that its advertised on the supreme court website for 6 weeks and then probate is granted. You'd probably find some information on the court website.

Presumably if someone comes forward to contest that could hold up probate but I'm not 100% sure how all that works. Probate in some cases has taken years. In fact I think azurline had a very long running issue with an estate.

I would double check all of the places you have added permissions and make sure they will hold, there is a difference between someone being able to talk on your behalf on an account and whether they can act on your behalf especially when it comes to closing accounts.

I had an incident after taking the POA into dads bank, dad was with me at the time, and they suggested I also become a signatory which I did. The very next day there was an issue I needed to call them about and they still wouldnt give me any information because there were still some permissions I hadnt been given, so I had to do another trip back to sort it out again.

trust me, even as executor and poa, nothing is easily done.

Re: Wills and Executors/Executrix

imastawka — Thu, 01 Jan 2015 09:23:57 GMT

Is there an office where the executor takes the will to in order to "get probate granted"

The Probate Office in your state, I guess

edit: Punch seems to know more about it

Re: Wills and Executors/Executrix

punch*drunk — Thu, 01 Jan 2015 09:23:17 GMT

Polks I hope this doesnt sound rude, but if you are trying to make things as easy as possible for your executors I would consider a prepaid funeral as well.

Re: Wills and Executors/Executrix

punch*drunk — Thu, 01 Jan 2015 09:25:14 GMT

@imastawka wrote:
Is there an office where the executor takes the will to in order to "get probate granted"

The Probate Office in your state, I guess

edit: Punch seems to know more about it

http://www.supremecourt.vic.gov.au/home/forms+fees+and+services/wills+and+probate/

i'm not sure if the process is the same in every state but I assume it would be similar.

Re: Wills and Executors/Executrix

polksaladallie — Thu, 01 Jan 2015 09:34:54 GMT

@punch*drunk wrote:
Polks I hope this doesnt sound rude, but if you are trying to make things as easy as possible for your executors I would consider a prepaid funeral as well.

There will be no funeral. Apart from that, my relatives are not poor.

Thank you for all the info. I have checked with everyone. They require different levels of proof to deal with them by telephone, POA is not enough for that. I know about the bank profiles necessary. A couple of branches got slapped by my branch because they didn't know the rules.

I have everything in place, except some documentation on probate procedure. I am glad I discovered that before I took the big boxful of paperwork to my relations.

So thanks again.

Re: Wills and Executors/Executrix

imastawka — Thu, 01 Jan 2015 09:39:56 GMT

Old saying in my family

"Where there's a will there's a

relative"