WHO SHOULD
BE YOUR EXECUTORS AND TRUSTEES?
Treat these words as meaning the same
for your purposes of any decision.
But for your information:
A person appointed in a Will has duties and obligations as executor
in any event including seeing that any assets in an estate reach
the appropriate beneficiaries. Those obligations extend to being
a trustee when the Will imposes additional obligations to hold
an asset “in trust” until a certain event such as
a beneficiary attaining 18, 21 or 25 (or older) years of age
– or perhaps until a surviving spouse dies.
Your executors (or “trustees”)
must
be 18 years – preferably 21 or more mature - when called
upon to act after a death.
SOME OF THE MOST USUAL PERSONS
TO BE YOUR EXECUTORS ARE:-
Your spouse (or de facto spouse or partner).
In case that person dies in the same accident, your adult son
(or sons) or daughter (or daughters)
Further alternatives are a brother or sister, or a nephew or
niece, but problems include those persons moving interstate
or overseas, having their own over-busy stressed life, or death.
Your parents, but you expect to outlive your parents –
and you hope to outlive your siblings.
Availability of your executors to sign many documents is a big
desirability. A trusted solicitor has been
the choice of many of [the author’s] past clients but
upon retirement many have been so
appreciative that Will Makers Pty Ltd was formed to carry on
a safe alternative service.
Avoid a normal expense of adding – when adults - your
child/children as executors for when both spouses
die, by adding them whilst
under 18 years –
even if babies. Ask Will Makers Pty Ltd about
a special modern clause adding them as executors “if and
when 18 or older”.
More important, avoid any Trustee company and Public Trustee
unless you can obtain a written Contract
that they will not be applying a prior “norm” of
their charges after death relating substantially
to the size of your estate. And remember, many persons have
made such a Will when
having modest assets – only to have died after acquiring
by hard work and/or inheritance
substantial assets resulting in their estate becoming liable
for $10,000 to $40,000. SEE
the link –
ABOUT US para (a).
HAVE YOUR WILL MADE IN SUCH A WAY THAT
WILL MAKERS PTY. LTD. SHALL BE THERE TO ASSIST YOUR FAMILY UPON
A DEATH OCCURRING.
This is done by appointing whoever in your family you desire
(if anyone) and add to that person (or those persons) the phrase:-
“and
the persons who at the time of my death shall be holding the
offices of Managing
Director
and General Manager respectively of WILL MAKERS PTY. LTD”
If, for instance, you are single and want to appoint both father
and mother then you could add words to turn the following clause
2a into the Clause 2b that appears second beneath this:-
2a. I
APPOINT my father and my mother to be Executors and Trustees
of my
Will
AND the words "my trustees" in my Will shall mean
my Trustees or Trustee for the
time
being according to these words.
2b. I
APPOINT my father and my mother and the persons who at the time
of my
death
shall be holding the offices of Managing Director and General
Manager
respectively of WILL MAKERS PTY. LTD. to be Executors and Trustees
of this my Will
AND the words "my trustees" in my Will shall mean
my Trustees or Trustee for the time
being.
ANY ONE OF A NUMBER OF CIRCUMSTANCES
MIGHT EXIST MEANING THAT PERHAPS A SISTER OR A BROTHER (OR
BOTH) OR AN OLDER MATURE PERSON BE APPOINTED TO ACT IN SUBSTITUTION
IF BOTH PARENTS DIE FIRST OR EVEN IF ONE PARENT DIES FIRST
:-
e.g.
2.
I APPOINT my father and my mother and the persons who at the
time of my death
shall
be holding the offices of Managing Director and General Manager
respectively of
WILL
MAKERS PTY. LTD. to be Executors and
Trustees
of this my Will but should my said father:-
(a)
predecease me or
(b)
having survived me and for any reason be unable or unwilling
to act or to apply for Probate
of my Will
(c)
die or become unable to continue to act before receiving a
Grant of Probate of this my
Will or before completing the administration of my estate
THEN I APPOINT my sister to also act as an Executrix and Trustee
of this my Will
AND the words "my trustees" in my Will shall mean
my Trustees or Trustee for the time being.
From the above one can see how important it is to contact
Will Makers Pty Ltd & discuss.
THE IMPORTANT ASPECT IS TO KNOW
WHY YOU SHOULD INCLUDE THOSE WORDS.
By appointing “the persons who at the
time of my death shall be holding the offices of Managing
Director and General Manager respectively of WILL MAKERS PTY.
LTD” to be Executors and Trustees, your executors can
– on death – get prompt information so that one
knows what to do and whether there is sure to be a need for
a Probate of the Will or whether the beneficiaries might be
able to receive assets with less legal hassle and less costs.
On the death of the first of a couple there will be no payment
at all to Will Makers P/L unless a Probate is required. There
will, of course, in many cases be other expenses elsewhere
than WM.
The words ensure that, when you die, your executors and family
will – upon being contacted – be immediately informed
by Will Makers Pty Ltd from the performances of professional
persons during the prior 6 months of an appropriate person,
firm or other body on the basis of an appropriate person,
firm or other body on the basis of speed, efficiency, ability
to cope with volume of deceased estate work, and reasonableness
of charges to carry out whatever administration work is necessary
Your estate’s progress will be watched by monitoring
the administration and obtaining progress reports during certain
stages of the administration to become aware of any estate
suffering a delay in any of its series of events.
A modest amount of $20 per person as a “once-off”
establishment fee with this Company should be paid to obtain
these benefits and sent to the Company with a signed “Contract
to Provide Services”.
Click the link below to open the Word Document and you can
print them:
“ONE
PERSON” or “ONE
OF A COUPLE”
or,
click the link “CONTACT US”
and sending your email address and ask to be contacted for
us to send you an appropriate Contract. Supply your email
address or your telephone number (preferably) with the best
times to call (and for whom to ask )