Wills and Executors/Executrix

[imastawka]

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............

[polksaladallie]

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.

[punch*drunk]

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.

[punch*drunk · Accepted solution]

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.

[polksaladallie]

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. 

[punch*drunk]

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.

[imastawka]

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

[punch*drunk]

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.

[punch*drunk]

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@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

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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.

[polksaladallie]

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@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.

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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.

[imastawka]

Old saying in my family

"Where there's a will there's a

Spoiler

                                           relative"