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

[nicnacs_4u]

Just an opinion please have an up to date will..my now departed parents-in-law made their will in the late 60`s and never updated it..it was made when their 3 sons were not married and still living at home..so because 2 brothers have since passed away the 3rd son get `s it all..a cool 1.45million..my dd has been it touch with her solicitor and was informed the cost to contest would be huge and they couldn`t guarantee a favourable outcome....hopefully my bil will be generous to his nieces and nephews..it sucks imo!!

[punch*drunk]

nics that's terrible. A friend of mine contested her parent in laws will on her children's behalf and she won quite easily. Maybe try another solicitor, they will never guarantee a favorable outcome though.

[gleee58]

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@punch*drunk wrote:

nics that's terrible. A friend of mine contested her parent in laws will on her children's behalf and she won quite easily. Maybe try another solicitor, they will never guarantee a favorable outcome though.

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That's the way to go.  Nic, you need to speak to a specialist lawyer before you give up.

[azureline**]

I have had a total of 5 solicitors re my mother's estate, every one has started confidently, she died in 1996. It's complicated because her will cannot be located, the previous owners of her property were intestate as well.

I have made a deal with the public trustee which should see an end to all of it soon! and I get my legal fees rates etc, funeral costs repaid, before the distribution of the estate funds. Some people I thought might be painful to deal with re the agreement have been very agreeable 🙂

[cmcoins2000]

A will is usually stored with the solicitor who did the drafting.

Copies are usually kept with important papers detailing with whom the original is kept.

If using a solicitor.

My mother made my brother & myself 'the executors' & 'trustees'.

That gave us equal say in what & how the estate was to be dispersed & an equal interest in the division of property etc.

As it was a very amicable relationship there arose no problems - my mother's wishes were carried out.

The solicitor acts on behalf of the executors.

[polksaladallie · Accepted solution]

A solicitor does not have my will.  Too much $$$ involved.  My executors will act by themselves, they don't need a solicitor.  Same reason.

But everyone should do what is best for them and their family.

[purple_haize]

Nic, that is dreadful.....but I would go see another solicitor, most solicitors have a *free* first appt. so you can find out,. I do think that your daughters should contest the will.

In South Aust. it doesnt cost the earth to contest a will................I know, because I was involved with my aunties will when she died. So most state are the same, so seeing a solicitor , in my opinion would be worth it.......

[gleee58]

What is an executrix? 

That has been puzzling me and I don't have google.

[imastawka]

Executrix = female executor      Probably outdated by now, like actress etc

But I like the sound of it

[gleee58]

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@imastawka wrote:

Executrix = female executor      Probably outdated by now, like actress etc

But I like the sound of it

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Well you learn something new, or old in this case, every day. Thanks Stawka  😄