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Who to be Executors?  

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 )





Copyright © 2003 | Disclaimer | Last Modified Thursday, December 18, 2003 11:21
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