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

[freddie*rooster]

The more executors you appoint the bigger chance you have of things not running smoothly.

[polksaladallie]

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@azureline** wrote:

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.

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Yes, Azure, it is a legal document, but a solicitor does not have to be involved.  It can be purchased from a newsagent and completed within the family.

Same goes for a will.  A solicitor does not have to do that either.

It is difficult when family members don't get along, I'm glad it was sorted for you.

Even the Advance Health Directive is supposed to be followed unconditionally, but I have heard that this is sometimes not done.

[polksaladallie]

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@freddie*rooster wrote:

The more executors you appoint the bigger chance you have of things not running smoothly.

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That's a good point, Freddie.  I have only two, and they are married to each other and are benificiaries with their children, so I don't see any problems there.  I don't care anyway,  I'll be dead!

[freddie*rooster]

When it comes to such things as selling property, say for instance a motor vehicle, I may think the car is worth more then someone else, that can start the nit picking problem of having more then one executor. Yes polks once the toes are pointing upwards you won't give a hoot. I found when my Brother passed I done all the work and the Solicitor charged the estate for the work I done But, having a Solicitor does put a stop to the vulchers causing any grief for the Executor.

[punch*drunk]

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@freddie*rooster wrote:

When it comes to such things as selling property, say for instance a motor vehicle, I may think the car is worth more then someone else, that can start the nit picking problem of having more then one executor. Yes polks once the toes are pointing upwards you won't give a hoot. I found when my Brother passed I done all the work and the Solicitor charged the estate for the work I done But, having a Solicitor does put a stop to the vulchers causing any grief for the Executor.

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Yep, its amazing how people think something is suddenly worth a lot more when they may be getting the proceeds of it. I was the one that handled the selling of everything both as POA and executor, even when I was joint executor. I did cop a bit of grief over a couple of things but as far as I'm concerned if they werent happy they were quite welcome to take over the hard work rather than just sitting back and waiting for the money

[lyndal1838]

As far as I am concerned I would rather ask a solicitor to draw up any document such as a EPA, POA or Will when it involves assets worth $1,000,000+

Sure you can buy the forms yourself and fill them out, run around getting them witnessed and hope that they can be found when needed.  Or you can pay a small amount to a solicitor and know the documents are properly drawn up.

The solicitor can act for the estate when the time comes.   For under $5,000 we had no problems....and the solicitor came to my father's home when needed to give him some advice.

As far as activating the POA...it took one day to take the original to each of the institutions which needed to sight it....local Council, utilities, bank and insurance company.   In our case the RTA was not involved as Dad had not had a car for several years, and Centrelink was not involved.

Freddie, it is not a given that the Estate pays for any/all disputes.  If a Will is contested, the Estates expenses are paid in order for the executor to defend it, but the other party only gets their expenses paid if they are successful....the Court will award them whatever is decided in the way of assets and then an award for Costs is made....usually whatever amount the solicitor submits as their costs for the action.

[polksaladallie]

You obviously are not able to answer my question.  Fair enough.

The EPA is not "drawn up".  It is already done when you buy it.  All you have to do is fill in names, addresses etc., and get the people concerned to sign them.  A solicitor can't change any of that.  Names and addresses are fixed.  Fancy paying a solicitor to fill in your name and address.  Wierd, IMO.  Still, if you are wealthy......

I didn't have to "run around" to get them witnessed.  The JPs are at the shopping centre where I buy my food.

"Hope that they can be found"?  Surely any responsible person keeps their documents in a safe place in their home.  At least my relatives do.

My relatives work.  They can't take days off to travel several hours to some solicitor, get THE copy of the EPA, then go all over the city with that document, pay for a motel, then travel back.  How ridiculous. 

How do you take the document to the ISP, the telephone company, to the electricity company?  They don't have offices any longer.  They need to have security set up by telephone so that relatives can act by telephone.  Otherwise, anyone can ring up and change anything.  If you have ever had to ring your ISP or any of the others, they go through several security checks before they will give you the time of day.  Once my son wanted to get some general info on ISP costs in an area I was planning to move to, and they refused, even though he could have answered the security questions.  And that was nothing to do with my account, just general information on broadband costs in that area.

The bank needs more security than the sight of a document. 

If your father (or whoever it was) was unable to sign forms, you wouldn't have been able to do it for him. 

What a mess that would be, if this hadn't been done before the person became ill.

[simone4010]

You obviously are not able to answer my question.  Fair enough.

Polks, what's your question.  I maybe able to help with the answer since I've very recently gone through all of it and still going through the post death process.

[polksaladallie]

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@simone4010 wrote:

You obviously are not able to answer my question.  Fair enough.

Polks, what's your question.  I maybe able to help with the answer since I've very recently gone through all of it and still going through the post death process.

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The question in # 63 where I asked Lyndal how to get the information without asking the various places.  Somehow she/he thinks it arrives by osmosis. 

Thank you, anyway.  I'm sure you are learning a lot (if this is the first time), and I hope it is all going OK for you.  A difficult time I'm sure.

[punch*drunk]

There is nothing wrong with doing your own will, nor is there anything wrong with having a solicitor do it, each to their own really.

I think what polks has done is great as far as the leg work involved getting everything in place for the POA/executor, it will make their lives a hell of a lot easier when the time comes.

Some estates are more complicated though and are better left to solicitors. That doesnt mean the executors dont do anything, they are generally the ones that will close all the utilities, sell the assets etc, but dealing with the banks, superannuations, investments, proceeds of properties etc is probably easier for solicitors and a relatively small cost to the estate.

I know it took several months for my solicitor to get some money from an investment section of the ANZ bank, that would have driven me nuts trying to deal with that, it was bad enough dealing with telstra. The house was also jointly owned by my dad and my grandfather with clauses as to what hapens when each one passes. The beneficiaries were unequal amounts too.

Even if all the stuff polks had put in place had been done by my dad or grandfather, I still would have taken it to a solicitor to handle. I just didnt need the extra stress. Perhaps if it was as simple as a couple of bank accounts and a few utilities I would have done it myself, in fact dads is just a bank account and getting the money back from the aged care facility, but I will still let the solicitor handle it, its just easier.