on 01-01-2015 06:26 PM
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............
Solved! Go to Solution.
on 02-01-2015 02:37 PM
on 02-01-2015 02:44 PM
All the same thing really
on 02-01-2015 02:51 PM
So it's not like a dominatrix then?
on 02-01-2015 02:53 PM
Could be, but the late person won't feel a thing.
on 02-01-2015 02:59 PM
on 02-01-2015 03:07 PM
02-01-2015 03:11 PM - edited 02-01-2015 03:11 PM
Is she reading a Will?
I think her codicil's showing
02-01-2015 04:21 PM - edited 02-01-2015 04:23 PM
Even if a person has a will drawn up by a lawyer, the deceased wishes in it may not be carried out ( a lawyer has to explain that to them at the time of writing the will).
For example, a person with 3 children, may have had a serious falling out with one of those 3 children, and left them out of their will.
That son/daughter left out of the will can contest the will and may very well win their case.
In other words, the person making the will may as well add the 3rd child as a beneficiary to the will, as they will be getting their 1/3rd share eventually. Any will contests = makes solictiors wealthier.
When considering what to leave any beneficiaries in your will, you should be aware that in certain circumstances, the Supreme Court can change how you have dealt with your property after your death.
It can do so if you have not made adequate provision for any of your dependants who you should have made some (or better) provision for in your will. For more information about this power of the Supreme Court and when it can be exercised, it is advisable to see a lawyer.
on 02-01-2015 04:55 PM
@polksaladallie wrote: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.
Please think again about having a solicitor involved.
I am in NSW. My solicitor charges about $150 to draft a simple Will and that seems to be fairly standard. Obviously you will pay more if there are Trusts etc involved.
In the case of both of my parents Wills we were charged $3000 for the solicitor to handle Probate etc. Dad originally wanted to handle Mum's Will but the amount of trailing around was just not worth it.....He would have had to deal with Probate, property transfers as the house and car were in joint names, share transfers, the banks, insurance companies,.....the list seemed endless.
Occasionally even an executor has to call on a solicitor for help when some of the authorities you need to deal with have no idea.
When my father died I contacted his insurance company to inform them of his death and that the house was now unoccupied (as required by the terms of his insurance)
The girl who answered the phone asked was I the policy holder. I went through everything again, only to be told they needed to talk to the home owner, not just "anybody". I again explained that this anybody was the policy holders daughter and the executor of his Will. Still no go....did I have the policy holder's current address? Yes, Rose Garder number xx, Botany Crematorium. Could I cantact the policy holder and ask him to ring them please? Well, no, I could not.
By this stage I was losing my cool and demanded to speak to her supervisor only to be told that it was not necessary.
When I finally got put through to a supervisor she was horrified and so apologetic. I told her that at first I was mildly amused at the "red tape" but it did get a bit out of hand. I would have liked to be a fly on the wall when that young lady was called before her surpervisor.
BTW, somebody mentioned the possibility of a Will being contested. That can only be done AFTER probate has been granted......the very first step after a death is to have the will probated before anybody can do anything.
Also, if the executor of a Will is not able, or does not want to do the running around they can ask a solicitor to do it for them. You do not have to name a solicitor as the Executor for them to be able to act for/as an executor.
Also, here in NSW there is a service whereby you can register the whereabouts of a Will with the courts. We have never used it as our Wills are held in our solicitor's offices (a large city firm) but when we were looking for a missing will for a relative we were advised to contact this service and see if it was there. Sorry I have not got any more information on this.
on 02-01-2015 05:26 PM
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.