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

[imastawka]

I'm glad I started this thread

Lotsa useful information on here 

[lyndal1838]

Yes, stawka, it is interesting to see the different experiences and advice given to people in different states for essentially the same legal processes.

It would be a bit of a trap if you moved interstate and did not check with a local solicitor.

It looks to me as though it is easier in NSW than some of the other states....certainly not the running round the polks has had to do.

[polksaladallie]

If you don't go to each place, insurance, RACQ, Centrelink, Medicare, Medibank, bank, ISP, electricity, post office, telephone, etc, how are you going to get the information?  

I'd like you to answer that question, since you think it is all so easy.

You could ring them, but you can't get a form sent to you through the telephone wires, send it to your relatives by telephone and return it to the facility through the telephone wires.

And how are you going to get forms witnessed and signed by JPs?  They won't come to your house.

Relatives cannot deal with all these places unless they have the correct forms and arrangements set up.

What part of this can't you understand?

If you have to go to hospital, do you expect your solicitor to visit you and sort everything out at your bedside?   What if you are unconcious?  Too late then.

And if you have ever tried to ring Centrelink, you would not choose to do that.  Same applies to other call centres.  They do not often have the correct information after you wait for long times to get through to them.

Some have the same requirements, some have different requirements.  One person said to me, when I asked if a copy of the POA would be OK, said you might as well bring a newspaper, it will not be accepted.  It has to be a certified copy.

A solicitor does not do any of this work for you, but if you are prepared to give money to a solicitor when you don't have to, well go for it.  Very foolish.

You do not need solicitors to do your work for you, unless your name is Packer, then why not.

Some people think their doctors are godlike, I have never before heard someone think the same of solicitors.

[simone4010]

I am in Queensland and this has been my experience activating my EPOA for my mother and the process after her death:

Firstly, your will and EPOA do not need to be kept at a solicitors nor does the will need to be read by a solicitor.

You do not need to apply for probate for the deceased’s property if the title is to be transferred into the name of the executor. You also don’t need to apply for probate for accounts and assets unless there is a substantial amount.

We took my mother’s will to a solicitor so he could arange the title transfer as we didn’t have time to do it.

As far as bank accounts go, once the bank is notified of the death, the account is frozen for both debits and credits. However, one last centrelink payment will be accepted. The reasoning is that the money is now owed to the estate of the deceased and not the deceased. Any outstanding bills can be paid but the bank will make up bank cheques for those bills. One thing that is absolute is that the funeral can be paid out of the account in the way of a bank cheque to the funeral home. We chose to use al Mum’s funds to put towards her funeral costs and close the account.

When activating my EPOA at the bank, they took my certified copy of the EPOA. My sister who was also an EPOA had to go to her nearest branch and register her details. My branch then faxed the EPOA to my sisters branch. For mail redirection, I simply showed my certified copy of my EPOA to the post office along with a doctor’s letter stating that my mother was incapable of making decisions. When I filled out the centreline documents for my mother to go into a nursing home, I also had to supply a certified copy of the EPOA along with the letter.

One thing that I think is really important is that you have an EPOA and NOT just a POA. The difference being is that if for some reason you become mentally incapacitated ie you have a fall and bump your head, you develop dementia or alzheimers, your POA ceases .

Secondly if you have more than one EPOA, think carefully about whether you wil make them jointly or severally. If they are jointly, everything needs to be done together. In the case of my mother’s bank account, I would have to get my sister to sign a withdrawal form, then take it to my branch, fill it out and sign it and then the branch would contact my sister to make sure she knew of the withdrawal. You almost have to be joined at the hip. We found it easier to both just sign cheques to pay bils.

[polksaladallie]

Thank you Simone, for some sensible words.  When I used the term POA, I meant EPA of course.

Of course a solicitor has nothing to do with these.  It is a family matter.

Thanks for the other information, much of which I know.  The probate information you have is interesting, because my assets are almost nothing, but I will still have to get the information ready for my relatives.

My EPA is severally, because they live in different areas.

I have set this all up because I might have to go to hospital tomorrow, if I have a medical issue or a car crash, or I might not have to go for ten years.  But it has to all be in place so that relatives can deal with my affairs.

(Don't know why people can't understand this.  Heaven help their relatives if they don't have it in place, at a time of anxiety also).

My bank told me of horror stories of people in hospital who didn't have anything set up, and their bank accounts could not be used.

In my last post, I forgot to mention the Advance Health Directive, which also has to be signed,  witnessed, photocopied and distributed to various places.

If anyone has the name of a solicitor who will do what I have done over the last 5 months, I will nominate him/her for Australian of the Year.  But they won't need that, they will be laughing all the way to the bank.

Thanks again.

.

[punch*drunk]

Secondly if you have more than one EPOA, think carefully about whether you wil make them jointly or severally. If they are jointly, everything needs to be done together.

This is a really good point. My dad and I were both POA  for my grandfather but by the time I needed to start acting for him my dad already had advanced alzheimers and couldnt have done it. Luckily we were appointed severally.

Polks a solicitor wouldnt have done all that leg work that you have done, it would have been the job of the POA. Its all the stuff I've had to do myself over the last couple of years. So you have definitely saved your POA/executor a hell of a lot of work and headaches when the time comes.

[punch*drunk]

I really should update my own will, it was made when we only had one child and I dont have a POA in place  

[azureline**]

I have no idea if it is a legal requirement in  NSW to have a solicitor to do the EPO etc but I suggested my father in law do his about 5 years ago as I suspected that one of his children might create difficulties at some stage.

I asked him to see his solicitor and have it put in place so there would be no way anyone could contest it.

He appointed his 2 eldest children as his 2 younger ones are not financially sound.

When he was admitted to the nursing home, one of them tried to have it overthrown but she was unsuccessful.

[polksaladallie]

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@punch*drunk wrote:

Secondly if you have more than one EPOA, think carefully about whether you wil make them jointly or severally. If they are jointly, everything needs to be done together.

This is a really good point. My dad and I were both POA  for my grandfather but by the time I needed to start acting for him my dad already had advanced alzheimers and couldnt have done it. Luckily we were appointed severally.

Polks a solicitor wouldnt have done all that leg work that you have done, it would have been the job of the POA. Its all the stuff I've had to do myself over the last couple of years. So you have definitely saved your POA/executor a hell of a lot of work and headaches when the time comes.

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Thank you, that is why I have done it.  But I had to sign all the documents, can't do that if I was in a coma, had a stroke, or was unconcious in hospital from a car crash.  It has to be done beforehand in case that happens.

My relatives don't know all my business, so I also had to write out a huge amount of stuff for them.

I would rather have done the EPA as a majority, but only one lives in Brisbane, so it would not be practical for financial affairs.  Medically, I don't really care if they disagree.

[freddie*rooster]

I think you will find if a will is contested the cost to contest comes from the estate. A solicitor will deter a frivilious claim if he believes the claim will not succeed.