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]

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@punch*drunk wrote:

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.

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The point I make is that the POA form does not need to be with any solicitor.  Even wills do not have to be drawn up by a solicitor.  These are myths promulgated by guess who?  Solicitors.

My will was, because I have special clauses in it. 

[ten*teeny*tiny*toes]

I hope everything is okay polks.

I worked in a bank for many years. Just because staff know you and don't ask to see POA doesn't mean it shouldn't happen.

POA's change and are updated, and sometimes POA's need to act jointly. It can be open to abuse so ideally it needs to be produced everytime, scanned into the banks systems for cross checking and staff need to be better trained rather than just thrown in the deep end.

[polksaladallie]

Thanks.  Yes 2 of the POAs needed to set up a profile at different branches (which bank), and each was told NO, you need to have the person with you, and you need a copy of the POA.  Neither is true, and they got slapped for it. They just needed their signature and ID registered.

My name did not have to be mentioned.  It was mentioned, and all the branch needed to do was to look up my profile to see what my branch person had entered.  One was in a posh western Brisbane suburb, and the other was regional.  No excuses for that.

I am tired from doing it all, as well as writing out a lot of stuff for my relatives, lots of photocopying, thankfully at home.  Remember the days when we had to go to a newsagent to photocopy stuff?  God, never again.

[punch*drunk]

My dads bank wouldnt even take a copy of the POA, I would have had to take it every time which is why they suggested making me a signatory. In this day and age its not such a big deal I just used internet banking for most things.

[ten*teeny*tiny*toes]

Well that's easier than dealing with a POA. Most staff can manage that. To go the easy option.

BUT it would have entailed dragging dad down to the bank to authorise and sign the forms.

You're right though, does much the same thing. All signatory rights are removed and online banking shutdown upon death.

May depend on the bank, cant speak for which bank at all, but cant see things being too much different.

[ten*teeny*tiny*toes]

*edit signatory is okay for paying bills etc and day to day affairs. But there are limitations, closing accounts etc.

I know you know that Punch. - Just wanted to clarify my post.

[punch*drunk]

Dad was with me that day anyway, they still didn't set it up properly though. Didn't make me my own profile and didn't give me full privileges on the account. That was NAB.

I also tried to change banks but found that couldn't be done without dragging dad in there with 100 points of id, and that was at ANZ where dad had once had a joint account with my grandfather, so its not like he'd never had an account there.

One thing I have learnt over the past couple of years is every different entity you deal with has different requirements and rules re POA's.

What I was most surprised at were the companies that wanted a copy of the POA and will (rather than death cert and/or probate) after being told the person had passed. Even when I told them the POA was no longer valid after death, they insisted it was their procedure.

Dad's bank account is still active, I havent notified them yet. I only recieved the death certificate last week and I have a refund cheque to deposit before I have it shut down. 

[ten*teeny*tiny*toes]

The accounts are stopped for debits only, they can still receive cheques and I think centrelink make a few payments even after death.

But they wont know until you advise them. They will need a death certificate or even a notice from the paper. It should be done soon, Punch.

[punch*drunk]

Yeah I know, stupid time of year with Christmas public holidays. Havent been anywhere near shops on a day the banks have ben open. Certificate arrived Christmas eve

[lyndal1838]

Punch, in NSW at least, all of the banks my parents dealt with allowed a withdrawal from the person's bank account to pay the funeral expenses.  We had to produce the Death Certificate and bill from the funeral home and the money was sent direct to the funeral home.

It was better for Dad to have it taken from Mum's own account than pay it from his account and have to wait till Probate was granted before having the use of the money again.