Thread: Executor to a Will

My condolences. Sorry for ur loss.
Sorry im unable to help with ur enquiry either.

Take care.

Rod

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It's a lousy job, in my case rellies get angry, just communicate so the beneficiaries know what's going on, hire a suburban layer to close it out efficiently

Is there any property (real estate) involved ? If so and you'll have to get probate, I'd visit a local solicitor.
I was executor on my fathers will and probate became a bit of a problem (mainly because he had done his own will, and it didn't fit the 'normal' format).

Martyn

Originally Posted by AndyG

It's a lousy job, in my case rellies get angry, just communicate so the beneficiaries know what's going on, hire a suburban layer to close it out efficiently

X2 My condolences.
I was executor of my Dad`s will and yes some of my sibling`s were and are ass holes
Apart from dealing with them i handed it to a lawyer and about 10 month`s all done .
That was 9 years ago and i still have not spoken to my eldest brother and never will

Its always sad to hear about a person's untimely death and in this case it is obviously a particular loss for you. Please accept our condolences.

He appointed you because he knew you well and he trusted you, some of us are fortunate having grown up kids who are switched-on and who can handle this for us but obviously not everyone.

As a word of warning which I really hope is not required, the Family Provisions legislation of each state (which is fairly similar across all states) has become a real cash cow for some people. It does permit/encourage unjust and spurious claims by other "family" and a successful claimant can have the court overrule the intentions of the deceased. An altogether dirty business that can reward low life. I truly hope you do not come across it in this case.

As AndyG posts, probate is standard fare for solicitors in general practice - and IMHO - it is the way to go for your protection. Some paperwork for you to sign and the solicitor will organise probate (the "proving" of the will) through the court.

So long as nobody enters a claim as outlined above, the solicitor will organise, on your authority, for the beneficiary to receive what your nephew wanted him/her to have.

I trust it all happens as smoothly as it should and as simply as it is written in the preceding paragraph.

I can only add my condolences as well. The death of some one you know well is always a sad occasion and it does put stresses on the family.

Both my next door neighbour and ex mother in law passed away in the last month and unfortunately I'm seeing a lot of squabbling between the children in both cases over the will which is a pity as in nether case there is a lot at stake.

I also recommend getting a solicitor to guide you through the process. Remember though they charge by the hour so anything you can do to save them time will reduce the bill. Have all the details as you know, about the estate in order, before you see them and doing things like closing bank accounts, paying the final bills, advising Centrelink etc etc don't necessarily have to be done by the solicitor.

Cheers

Steve

Originally Posted by Bushie

Is there any property (real estate) involved ? If so and you'll have to get probate, I'd visit a local solicitor.
I was executor on my fathers will and probate became a bit of a problem (mainly because he had done his own will, and it didn't fit the 'normal' format).

Martyn

Yes, there is real estate involved, he lived on his own, having separated from his ex many years ago. He lived in one of those transportable home estates where you own the house but not the ground it stands on, so you pay a "rent" to the estate owners. The ex may be a problem but having spoken to her and told her I was the Executor of the will, she seemed accepting enough. He wants everything to go to his daughter and I aim to respect his wishes.

I am the executor for a friend (who was younger than me) who left a large legacy to one of my grandchildren. He also left his house to a sister. The other sister disputed the will, incurring about $30,000 in legal costs for the estate, and an estimate about double that for the plaintiff - who withdrew (or rather their solicitor did) two days before appearing in court.

I would talk to a solicitor first to clarify your duties as an executor, and to seek advice on possible challenges (e.g. the ex). If you do not have one you are accustomed to deal with, I would try the one who prepared the will, assuming it was prepared by a solicitor.

And my guiding rule as executor has been to honour the wishes of the deceased. The executor has no claim for any remuneration from the estate, but can claim legitimate expenses - but these should be justified and minimised, and keep proper records.