Wills and Executors/Executrix

imastawka · ‎01-01-2015

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

grandmoon · ‎01-01-2015

When my mother died it was her solicitor who handled the probating of the will and it was his responsibility to make sure it was done properly.

polksaladallie · ‎01-01-2015

Why do wills have to be lodged anywhere?

Can you give details of that?

imastawka · ‎01-01-2015

You have to lodge a Will with the Probate Office or you can't

access bank accounts, superannuation, or sell property etc

http://www.supremecourt.vic.gov.au/home/forms+fees+and+services/wills+and+probate/

polksaladallie · ‎01-01-2015

@imastawka wrote:
You have to lodge a Will with the Probate Office or you can't
access bank accounts, superannuation, or sell property etc

http://www.supremecourt.vic.gov.au/home/forms+fees+and+services/wills+and+probate/

After the person dies? What happens then? Do they get some sort of a document giving them the extra powers then?

My executors can access my bank accounts now, because they have an EPA.

I thought I had done everything, now I am learning something else.

Thank you.

katymatey* · ‎01-01-2015

After my father passed away his solicitor handled everything.

imastawka · ‎01-01-2015

An EPA is not a Will. Who are you leaving your money and

personal property to?

http://www.aetlimited.com.au/__data/assets/pdf_file/0003/70761/Why_should_you_have_an_enduring_power...

grandmoon · ‎01-01-2015

@polksaladallie wrote:
@imastawka wrote:
You have to lodge a Will with the Probate Office or you can't
access bank accounts, superannuation, or sell property etc

http://www.supremecourt.vic.gov.au/home/forms+fees+and+services/wills+and+probate/
After the person dies? What happens then? Do they get some sort of a document giving them the extra powers then?

My executors can access my bank accounts now, because they have an EPA.

I thought I had done everything, now I am learning something else.

Thank you.

Its my understanding that the EPA becomes nul and void on your death.

imastawka · ‎01-01-2015

Quite right, grandmoon

When does an enduring power of

attorney end?

An enduring power of attorney ends:

•

when you revoke it

•

on your death

•

when your attorney dies or can no longer act as your attorney,

or

•

if you have multiple attorneys appointed jointly, when one of

them dies or can no longer act as your attorney.

The enduring power of attorney may also end for more complex

legal reasons, such as insolvency. You should seek legal advice

about these matter

From here

http://www.aetlimited.com.au/__data/assets/pdf_file/0003/70761/Why_should_you_have_an_enduring_power....

evil_akuma_2002 · ‎01-01-2015

@imastawka wrote:
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............

Although my wife and I are executors for her mother, who had the prescence of mind to allow us, now that she's suffering dementia, we are the controlling body, but as there's been a falling out with family in years gone by, they are still able to contest, should they wish to do so - so we've been advised to retain a solicitor in the event of her death, to ensure her wishes are met.

This will ensure parity between all parties.