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

[cherry*135]

NSW

Contesting a will

A person may question the validity of a will, or make an application under the Family Provision chapter of the Succession Act 2006 (Chapter 3). In each case, legal advice will be required.

INTERPRETING WILLS

A new provision of the Act lists the categories of people who are now entitled to look at a will of a deceased person and be provided with a copy (at their cost).

They include anyone named in the will, anyone named as a beneficiary in an earlier will, surviving spouse or de facto or issue of the deceased (section 54).

Previously the executor could refuse to provide a copy of the will and it could only be obtained from the registry after probate was granted.

Who can apply?

Those eligible to apply are:

• the wife or husband of the deceased person at time of death
• a person with whom the deceased person was living in a de facto relationship at the time of their death (including same sex partners)
• a child of the deceased person
• a former wife or husband of the deceased person
• a person who was, at any particular time, wholly or partly dependent on the deceased person, and at any time a member of the same household as the deceased person
• a grandchild who was at any particular time wholly or partly dependent on the deceased person
• a person with whom the deceased person was living in a close personal relationship at the deceased person's death

[lyndal1838]

---

@polksaladallie wrote:

Thanks, but I have the will, it costs a lot more than $150 in Brisbane for a basic simple will.

I have set up all the red tape problems, which occur even if I am in hospital for a few weeks, not just after death.  It is all set up so that my relatives can arrange things either in person, or over the phone.

Not a lot of people realise how many problems there can be, so I was told by lots of places when I was setting it all up. You are right, the list seems endless, and it has been a huge job.  I have no idea what people do if they have not everything in place.

If there are minimal assets, executors have an easy job.  No chance of anyone contesting my will and succeeding.

Someone up there ^^^^^ said they have copies of wills.  These copies are useless unless they have been stamped and signed (by a JP or solicitor) on every page that they are certified copies.  Same with copies of EPAs.  They will not be accepted.

I did not know about the probate procedure, but I'm pretty sure that I know everything else.

Thanks for your advice.

---

I have everything in place too......for $150 I had a legal will drawn up, signed and witnessed in the solicitor's office, the copy signed and witnessed at the same time.  Original kept in the solicitor's office until needed, copy with all my other papers.

I also arranged an POA the same way....signed and witnessed, original with the solicitor and copy with me.

The original visit to the solicitor took about 45 minutes as I had some other matters to discuss, then a 15 minute visit to sign everything.   Not a huge job at all and minimal stress.

And just so you know, if anything happens to the original will the copy can be used if it has been properly signed and witnessed as mine was.

Copies of POA should not be used.....only the original should be used.  This is another safeguard for you....if the POA is kept in the solicitors office he will not release it without assurances that it is necessary.

[polksaladallie]

---

@lyndal1838 wrote:

---

@polksaladallie wrote:

Thanks, but I have the will, it costs a lot more than $150 in Brisbane for a basic simple will.

I have set up all the red tape problems, which occur even if I am in hospital for a few weeks, not just after death.  It is all set up so that my relatives can arrange things either in person, or over the phone.

Not a lot of people realise how many problems there can be, so I was told by lots of places when I was setting it all up. You are right, the list seems endless, and it has been a huge job.  I have no idea what people do if they have not everything in place.

If there are minimal assets, executors have an easy job.  No chance of anyone contesting my will and succeeding.

Someone up there ^^^^^ said they have copies of wills.  These copies are useless unless they have been stamped and signed (by a JP or solicitor) on every page that they are certified copies.  Same with copies of EPAs.  They will not be accepted.

I did not know about the probate procedure, but I'm pretty sure that I know everything else.

Thanks for your advice.

---

I have everything in place too......for $150 I had a legal will drawn up, signed and witnessed in the solicitor's office, the copy signed and witnessed at the same time.  Original kept in the solicitor's office until needed, copy with all my other papers.

I also arranged an POA the same way....signed and witnessed, original with the solicitor and copy with me.

The original visit to the solicitor took about 45 minutes as I had some other matters to discuss, then a 15 minute visit to sign everything.   Not a huge job at all and minimal stress.

And just so you know, if anything happens to the original will the copy can be used if it has been properly signed and witnessed as mine was.

Copies of POA should not be used.....only the original should be used.  This is another safeguard for you....if the POA is kept in the solicitors office he will not release it without assurances that it is necessary.

---

No, I disagree with you re the POA.  If the copies are certified and signed by a JP, they are just as valid as the original.  If people live in different areas, they each need a certified copy.  Not much use if you don't have the document with you. 

Same applies to the will copies.  They cannot be used unless stamped and signed as certified copies.

I was told all this by JPs and the companies, utilities, medicare etc.etc. who need to sight documents.  I have 3 POAs, and they each have a certified copy.  The original is in my house, accessable also, but not if someone lives several hours away.  The safeguard is that they have all been certified.

There is a lot more to arrange than a will and POA. 

I can't imagine the problems that there would be if relatives had to go to the solicitor ($$) to get a document just to sort out a billing problem or make small changes to something.

My will cost $250, and that was with a pensioner discount.  About half the cost of another solicitor across the road.

[lyndal1838]

Sorry but I will have to disagree with you.

Once a POA has been put into effect by producing the original document, there is no need to produce it again.  It does not have to be produced every time the holder has to do something.

If the holders of your POA's live in different areas how are they going to handle your affairs?  They have to go to your branch of your bank to operate your account for example.  You cannot have 3 different people producing 3 different documents giving them authority to manage your affairs.

After seeing some of the things you have posted here, and in view of the fact that you knew nothing about Probate, I really think you need to see a solicitor.   The whole process of drawing up a will and a POA is not as long winded and difficult as you seem to have made it.

[cherry*135]

NSW (Govt website)

It is important to store your Power of Attorney in a safe place and provide your attorney with a copy. You should also provide a copy to anyone else who needs to know its contents, such as your solicitor or accountant.

If you want your attorney to deal with any real estate you own in NSW, then the Power of Attorney document must be registered with Land and Property Information Division of the NSW Department of Lands. Otherwise, there is no requirement for your Power of Attorney to be registered. If your Power of Attorney is registered and you later revoke it (cancel it), you should register the revocation.

[punch*drunk]

Once a POA has been put into effect by producing the original document, there is no need to produce it again.  It does not have to be produced every time the holder has to do something.

I had to produce the POA umpteen times, at the bank, vicroads, insurance, telstra, utilities, aged care, centrelink, real estate agent, accountant etc etc........

I actually started carrying it around with permanently, never knew who was going to want to see it next. I only had a certified copy too, solicitor still holds the original.

[punch*drunk]

I can't imagine the problems that there would be if relatives had to go to the solicitor ($$) to get a document just to sort out a billing problem or make small changes to something.

I only had an uncertified copy up until I needed it put into effect. Then I had to go personally to the solicitor and produce id before they would hand over certified copies. Didnt cost anything.

Once I had produced id to gets dads POA, they didnt need to see me again to get grandpas POA. They just posted the copies out to me free of charge.

[lyndal1838]

My daughter had to activate a POA for another family member some years before we had to activate Dad's POA.  She was told she had to use the original. which she did.  All it took was one visit to each of the businesses....telstra,  local council, bank, insurance etc, etc and she was cleared to use it from then on.

I am sure the utilities did not care who paid them and by the time she had any more dealings with them she was the Executor of the Estate.

I just followed what she had been told when it came time to activate Dad's POA and our solicitor confirmed that the original document had to be produced, not a copy, certified or otherwise.

I suppose it helped that all members of the family lived in the same area, used the same banks, insurance company, local council, and all utilities.  We went to the same solicitor, doctor and accountant.  All we did when it came to the point was produce the legal documentation that allowed us to act on Dad's behalf.  I had been accompanying him to appointments for many years anyway...he was nearly 90 before we had to activate the POA and that was only because he was too frail to get out.

Dad had not driven for several years so no RTA to deal with, was not a pensioner, so no Centrelink,  owned his home so no real estate.

I suppose that there are small differences in procedure in different states but it can't be too different.

[polksaladallie]

---

@lyndal1838 wrote:

Sorry but I will have to disagree with you.

Once a POA has been put into effect by producing the original document, there is no need to produce it again.  It does not have to be produced every time the holder has to do something.

If the holders of your POA's live in different areas how are they going to handle your affairs?  They have to go to your branch of your bank to operate your account for example.  You cannot have 3 different people producing 3 different documents giving them authority to manage your affairs.

After seeing some of the things you have posted here, and in view of the fact that you knew nothing about Probate, I really think you need to see a solicitor.   The whole process of drawing up a will and a POA is not as long winded and difficult as you seem to have made it.

---

---

@lyndal1838 wrote:

Sorry but I will have to disagree with you.

Once a POA has been put into effect by producing the original document, there is no need to produce it again.  It does not have to be produced every time the holder has to do something.

If the holders of your POA's live in different areas how are they going to handle your affairs?  They have to go to your branch of your bank to operate your account for example.  You cannot have 3 different people producing 3 different documents giving them authority to manage your affairs.

After seeing some of the things you have posted here, and in view of the fact that you knew nothing about Probate, I really think you need to see a solicitor.   The whole process of drawing up a will and a POA is not as long winded and difficult as you seem to have made it.

---

I went to EVERY place and asked them what do they need if (a) I am in hospital and (b) if I am dead in order for my POAs/executors to deal with my affairs, either in person or over the telephone.  They all said they need to sight the original or certified copies of the POA,  Centrelink have a special form to be filled in, Medibank has a special form to be filled in, utilities, ISP, needed to set up special security over the phone, the bank had to copy the original POA into their system, and the POAs had to provide their profile at their branches.

Any one of the three POAs can now walk into any bank branch in Australia and use my account.

Of course the POA or copy has to be used every time.  People in an insurance company for instance won't remember that John Smith is polksaladalllie's son if they haven't seen him for 2 months.

Any one of the three POAs can deal with my affairs at branches (insurance for example) wherever they live, as long as they have a certified copy of the POA.

Your POA can live in England and stiill deal with your affairs, so it doesn't matter where they live.

I have been to a solicitor.  I have a will.  A POA is a personal document, no need for a solicitor to have anything to do with it.  If a solicitor tells you otherwise, you are being conned out of money.  The POA is bought at any newsagent, filled in by the person, their POAs, witnessed by a JP, done. 

Solicitors don't check you letterbox for bills and pay them.  Solicitors don't sort out a Centrelink problem, solicitors don't sort out your medical insurance while you are in hospital.

I did not know about probate because I have never had to deal with someone's will.  Big deal!

Why can't I have 3 POAs?  It is advisable to have more than one.

The will was simple, the POA was simple, the rest was legwork, telephone work, postal work.

Should I go back to all those places and tell them the information they gave me was wrong?

With respect, I think you have some incorrect information.

[sandypas]

We recently travelled around Australia and before we went, we updated our will and appointed our son with POA on medical and financial affairs.  We done it through a solicitor and he said to give our son a certified copy and he would be able to carry out financial transactions on our behalf - we asked in case we needed more money out of our super whilst we were travelling.