The last thing we get in this country is justice due to the cost. Well that is certainly true.
My particular issue wasn't the Will, however. Neither party queried the Will itself.
As to 'Will DIY' Packs - I would say - only if you have virtually no possessions or assets that you want to bequeath.
If you have ANY family, investments, or property a DIY pack will do the job --- ONLY if
you get it right.!!
Even then - you have NO WAY of insuring your wishes are carried out. That depends entirely on who you choose as Trustee.
My problem was having a co-exec who acted unlawfully. Blatantly, unarguably, unlawful - so bad that the Vic Public Trustees Ltd , who were approached by both parties to administer the particular Estate after 2 yrs of 'failure of negotiation' - refused, on grounds which included conflict of Interest, inconsistent financial records, and 'intermeddling' - among other things. What I can only describe as criminal.
They refused to make a recommendation, other than to go back to the solicitors.!!
My point on Possession being 9/10ths of the Law relates to fiduciary responsibilities to act with propriety re information, and transparency. I was co-exec - I was refused any financial trail which would have allowed me to ascertain what had occurred WITH THE eSTATE ASSETS both for 4 yrs prior to Death, and the 3 YEARS SINCE.
My co-exec had an enduring Power of Attorney, effective for 4 yrs, ending on the death of the person in care.
There are far too many complexities to give you sufficient detail, but suffice to say i was denied access to any documents relating that 4 yr period, and after finding I was co-exec,
after the death of the principal, was denied financial records which could enable me to responsibly fulfil my obligations as a co-exec, even those records pertaining to the period
after death.
My legal advisors were totally unable to extract that information. I directed them to take action, but they failed to do so in a timely manner, (in fact they failed to do anything in a timely manner
), and as a result I became a Defendant.
You have NO idea what foulups can happen!!
Because I would not sign the Declaration on Probate App. sent to me without prior consultation, and refused to release the Will therein contained until I was satisfied as to the management of the Assets, I was taken thru the Vic Supreme Court, and effectively lost the 'nominal' rights I supposedly had. And it has cost ME- not the Estate. Even though what I was doing was the right thing to do - I have lost - because of the way the Courts operate in Victoria.
Altho that Court decision did require actions on the part of my co-exec, within a time limit set in the Order, my co-exec did not fully comply. At the end of that period, a separate action taken by my co-exec (the other exec ) got Probate approved. Action I had no knowledge of until it was a fait accomplice.
No one is responsible to insure that the Order was carried out. The Courts seem not to be concerned about what happens after you exit their sphere. Not even a statement to the effect that it was properly carried out, by the other (now only) executor was required. If I wanted to go further, I would have had to go back to the Supreme Court, and basically start all over again.
Something I could NOT afford.
So please please - don't be complacent about your Will. If you have assets or on-going investment at time of death, of any significant $ amount, your Trustee will need to manage the assets until they can be realised and distributed to your beneficiaries. Choose well.
If you had little or no assets of value, your named Trustee can probably finalise the Estate without need for a formal Probate Application.
JUST -- be careful, and GOOD LUCK.
.
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State of Inheritance Laws in Oz (Read 1662 times)
