Whom thinks lazy entitled layabout beneficiaries should be able to challenge a will? | Page 2 | FerrariChat

Whom thinks lazy entitled layabout beneficiaries should be able to challenge a will?

Discussion in 'Australia' started by carl888, Jan 6, 2023.

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  1. islerodreaming

    islerodreaming Formula 3

    Aug 11, 2007
    1,699
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    John - a proud Australian man
    Very similar with my sister with small things and attempts to take very valuable things whilst forgetting that our father was dead but our mother very much alive.
     
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  2. Arvin Grajau

    Arvin Grajau Seven Time F1 World Champ

    Jun 7, 2006
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    Shocking story .
     
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  3. PAP 348

    PAP 348 Ten Time F1 World Champ
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    Dec 10, 2005
    100,199
    Mount Isa, Australia
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    +1

    The Brother and I did the same for both my Mum and Dad in the last 24 months. It's only us two, so it was easy to deal with.

    My Wife's work colleague of 15 years has asked my Wife to be the executor of her will.

    There is nothing in it for her (which she didn't want anything anyway) and she doesn't really want to do it, but she said she will be happy to help out.

    I won't get into any crazy details, but this lady is married with 3x adult children and they have around $6M in assets and she wants my Wife to help honour their will when they pass away.
     
  4. PAP 348

    PAP 348 Ten Time F1 World Champ
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    Dec 10, 2005
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    That sux man, people will sell their own Mother for $2. It's a sad fact of life. :(
     
  5. PAP 348

    PAP 348 Ten Time F1 World Champ
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    Dec 10, 2005
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    +1

    People show their true colours when money is involved, it's disgusting.
     
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  6. Arvin Grajau

    Arvin Grajau Seven Time F1 World Champ

    Jun 7, 2006
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    The main issue is ,a challenge encouraged by the greed doctor Lawyers .

    Often resulting in an out of court settlement to plss 'em off .


    Great topic for GG/GAD when we all fly in ! Just saying .
     
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  7. PAP 348

    PAP 348 Ten Time F1 World Champ
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    Dec 10, 2005
    100,199
    Mount Isa, Australia
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    Crazy story man! :(

    Back in February 2010, my Wife's Grandmother passed away from a massive heart attack at home, here in the Isa aged 74 years old. Her husband died in his early 50's, in the early 90's from cancer.

    Her 3x son's and their Wive's, all in their mid/late 40's at the time, all drove back to town from Mackay for her funeral.

    After the lawn service, we all went back to the In-laws house for some lunch and drinks.

    As soon as we all got back there, Grandma's daughter In-laws all ran to her granny flat out the back and started to raid all her stuff.

    They took jewellery that was worth **** all I am sure, **** that was worth nothing and even rolled up the floor rugs off the floor and took them back to Mackay with them.

    The look of sadness on my Mother In-laws face when this was all happening was sad to see. She didn't say anything, she just let them at it and stayed away.

    My Mother In-law was the one who stayed here in the Isa to take care of her Mother when their Dad passed away and they built the granny flat out the back of their house for her and she lived there until the day she died.

    Was sad to see these ladies in their 40's acting like parasites fighting and arguing over stuff they would have never seen before and worth nothing, but they just had to have it. :(
     
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  8. PAP 348

    PAP 348 Ten Time F1 World Champ
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    Dec 10, 2005
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    Would make for some interesting discussion on the GG/GAD for sure.
     
  9. Arvin Grajau

    Arvin Grajau Seven Time F1 World Champ

    Jun 7, 2006
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    Not uncommon ,smart thing too do is do give items away before you pass on .
     
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  10. Arvin Grajau

    Arvin Grajau Seven Time F1 World Champ

    Jun 7, 2006
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    Yes.........We ALL know whom the discussion would be about .
     
  11. kerrari

    kerrari Two Time F1 World Champ

    Oct 22, 2004
    23,989
    Coolum Beach AUSTRALIA
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    Karen H.
    I’ve certainly seen inheritances (or the expectation of such) basically ruin people’s lives. Easy for me - never expected anything and that’s exactly what I’ll get! (actually not entirely true as I got $5000 when my mum died and I used that for my Targa Tour so I associated her fondly when I remember that trip!).
     
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  12. PAP 348

    PAP 348 Ten Time F1 World Champ
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    Dec 10, 2005
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    Yep, I agree.

    Although, old Grammy did die of a massive heart attack in her sleep, so obviously could not pass anything onto to anyone before her death.

    And this is why my Wife's work mate is selling all her ****, so she only has cash to pass onto her children when the time comes so there will be no fighting or bickering over the big, valuable stuff at least.

    Actually, this lady has a lot of jewellery, which is worth some good money I bet. Maybe she will pass all that onto her daughter, I dunno?

    But they don't own anything else that is any good inside their home, so I assume her boys will just want their share of the cash money and maybe her daughter will go through Mum's things and help herself.

    But I agree, pass on the stuff to your loved ones while you are alive, if possible and that will hopefully stop this BS from happening to some extent.
     
  13. PAP 348

    PAP 348 Ten Time F1 World Champ
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    Dec 10, 2005
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    No eye deer!
     
  14. PAP 348

    PAP 348 Ten Time F1 World Champ
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    Dec 10, 2005
    100,199
    Mount Isa, Australia
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    Pap
    That is nice of Mumma Bear to have left you $5000. Not a large sum of money, but great that you used it for TT as you made memories that will last forever all the while thinking of her. :)

    And I agree, don't expect anything and you won't be disappointed lol.

    I always knew my Brother and I would inherit my parents home here and their investment property in Brisbane one day. They didn't have any cash money, but I was expecting to inherit these properties one day, but I wasn't waiting for them so to speak and that is why I purchased my own investment properties going way back to 2003 when I purchased first investment property.

    Wish my parents were still alive of course. :(

    Read this sad story......

    All the family from my Dad's side are gone now. My Dad was the last one alive of 9 brothers and two sisters and he passed away in 2020. They all got married, but none of them had children because they were so poor. My Dad was the only one to leave Greece and have children. They disowned him of course.

    My Mum's side, both Grandparents dead, my Grandma only passed away 4 weeks ago back in Greece. I still have 2x Aunties and one Uncle from that side of the family and 5x cousins. 3 girls and 2x boys. They are all slightly older than I am.

    Unfortunately, they are all very poor in Greece and only one cousin named Sophie has Facebook and manages to buy credit every 6 months or so and she sends me pics of the family and we chat on Facebook which is very nice.

    Sophie sent me a Facebook message last week telling me that my Grandma, while still alive, but knowing she wasn't well, wanted to gift her children €5000 each for Xmas 2022. So that's my Mum, my 2x Aunties and my Uncle. €20,000 in total.

    My Mum told me 10 years ago, the Greek Government contacted my Grandma and said there is a coal seam under her backyard and they wanted to buy it. They paid her €50,000, in the event one day they want to come and dig up her veggie garden in the back yard to mine coal lol. I told my Mum FAAAAAAAAAARRRRRRK OFF!! lol lol lol

    But my Mum was dead serious, that is what my Grandma told her lol. So that's where the €20,000 comes into it now, otherwise they are broke and always have been.

    So, my cousin Sophie wants my Brother and I to "write a deposition letter" stating that we don't want my Mum's €5000 and we would like to gift this money to her Mother, my Aunty Athena lol. This letter is to go to my Grandma's bank, which will then release the €5000 to my Aunty lol. Apparently.

    I said, errrrrrr, did someone tell Yayia that my Mum passed away in June 2021, so there was no need to put money aside for her for Xmas.

    Nope, the ****ers never told my Grandma that my Mum had passed away after I called Sophie to tell her the news to share with the family, because they were worried it would have broken my Grandma's heart knowing that she had passed away.

    My Mum used to call her Mum in Greece two or three times a month, so I wonder what my Grandma thought happened to my Mum when the phone stopped ringing in Greece for the last 18 months. :(

    It's a cruel world we live in.

    I told the Brother we will write this letter or whatever it is we have to do to get this money to my Aunty, they need it a lot more than we do.
     
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  15. carl888

    carl888 F1 Veteran
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    Oct 31, 2003
    6,882
    Melbourne, Australia
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    Carl

    Not interested in any remuneration. You can make a provision in a will where the executor can be remunerated however.

    Duties:

    1. Obtaining a grant of Probate/Letters of administration
    2. Maintaining the assets until they can be disposed of and converted into cash.
    3. Distributing the assets as per the Will.

    As an executor/executrix, you effectively become an officer of the court. It's a serious responsibility.


    Obligations:

    In addition to the executors duties outlined above an Executor also has the following obligations:

    1. To carry out the wishes of the deceased as outlined in their will;
    2. To act in the best interests of the estate and all the will’s beneficiaries, and to not act in their own interests if those interests are not in line with those of the estate and beneficiaries;
    3. To manage and protect all of the assets of the estate until they are distributed to the beneficiaries;
    4. To ensure and be responsible for settling all the liabilities of the estate (where appropriate);
    5. To keep full and accurate records of the management of the estate and its distribution, and provide a summary of the financial transactions to the beneficiaries on distribution;
    6. To ensure that they do not act with bias towards the beneficiaries, but attempt to mediate a resolution to any conflict;
    7. To ensure that assets are not wasted and do not diminish in value;
    8. To attend to any outstanding taxation obligations of the estate,
    9. To ensure that money collected from the sale of assets, where not immediately distributed, is invested; and
    10. To carry out the above duties with care and honesty.

    Breaches of executors duties
    It is important that an Executor does not act in conflict with the above obligations. In the event that an Executor acts in breach of their obligations, they may be held liable.

    Common examples of circumstances where an Executor may be held personally liable for a breach of their executors duties include where there is:

    1. Loss of an uninsured asset,
    2. Loss arising from unreasonable delay in administration,
    3. Loss arising caused to a beneficiary arising from an Executor attending to distribution in a manner that is not in keeping with the will,
    4. Loss arising from error or lack of diligence,
    5. Loss arising to a claimant as a result of the premature distribution of the estate.
     
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  16. carl888

    carl888 F1 Veteran
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    Oct 31, 2003
    6,882
    Melbourne, Australia
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    Carl
    I think the way around it is to make sure that any beneficiaries are not executors. That's really the best you can do. Just like there is no perfect will. Usually people dishonest in such matters don't just spring out of the woodwork either.

    In your sisters case, perhaps she really did do $70,000 worth of work, that I cannot make a judgement on, but the fact she subsequently made a claim suggests otherwise. If the Estate was too much work for her, she could have resigned as executor and thrown it all over to State Trustees.
     
  17. Arvin Grajau

    Arvin Grajau Seven Time F1 World Champ

    Jun 7, 2006
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    that is one crowd you keep away from , don't give Rennie advice like ..
     
  18. carl888

    carl888 F1 Veteran
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    Oct 31, 2003
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    Ok, so you're the executor of an estate and it becomes messy. What are you supposed to do, if you have neither the time or the energy?
     
  19. Arvin Grajau

    Arvin Grajau Seven Time F1 World Champ

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    #44 Arvin Grajau, Jan 8, 2023
    Last edited: Jan 8, 2023
    Like I've always done in business work my way through the issues and resolve in a commercial manner .

    Just saying don't give Rennie poor advice .
     
  20. simon klein

    simon klein Two Time F1 World Champ
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    Feb 25, 2009
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    Popcorn in the frypan...........................
     
  21. B500

    B500 Formula Junior

    Oct 27, 2021
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    Mick
    Initially under the auspices of a Government department prior 1987

    Then transitioned to a Statutory Corporation until 1994

    A company underwritten (major shareholder) by the Victorian Government

    Amongst those whom constitute their (often involuntary) client base

    'Maggots' would perhaps be a generous description
     
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  22. Steve355F1

    Steve355F1 F1 World Champ
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    Aug 26, 2011
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    Steve
    Get someone you trust to help you.
    Not give them the responsibility (you can’t legally of course), but just help with the legwork and get them to cast their eye over what you’re doing.

    Exactly what I did with my brother last year.
    He was the executor, but I ran him around all over the place so he could concentrate on what he needed to do. I also sat in on various meetings as an observer and someone he could then talk to if there was anything he wasn’t sure about.

    Afterwards he was very grateful and said it made his job a lot easier.
    Not a big deal for me to do that.

    Honestly I can’t understand anyone claiming money for their time to do this. That’s ****ed in my view.

    It’s not like it’s a surprise to find out you’re the executor of a will.
    If you’re asked and you don’t want to do it, just say so.

    I’m the executor of my aunties will (whom will hopefully be around for a long time yet) and in all likelihood a beneficiary as well.
    The idea that when the time comes I will demand more money to carry out her wishes is bizarre.
     
  23. MrGrigio

    MrGrigio Formula 3

    Dec 19, 2011
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    Rennie Stein
    You know Carl, State Trustees are not free and probably more expensive than most realise.

    Sure, if you are an Executor (or Co-Executor) of a Will, there will be opportunity costs involved if you are employed (or self employed), so I can understand (but don't agree) recouping lost salary or time. My sister wasn't working at the time she was co-executor but was still able to claim a hefty sum as a commission.

    A well drafted Will should have a provision covering the costs that an Executor should be paid or reimbursed whilst carrying out their duties. Remember, an Executor of a Will is a trustee of the Estate until it is fully wound up and as such, has many onerous responsibilities. If you are on the Centrelink Age Pension and become an Executor, you technically become the legal owner of the assets of the estate until they (or the proceeds) are dispersed to the rightful beneficiaries. This means you may lose some or all of your Age Pension entitlements until your responsibilities are completed by way of example.

    In my sister's case, she even hired a lawyer to assist with all the technical legalities such as probate etc, much to the chagrin of the co - executor. I seem to recall the lawyer claimed well over $30K in costs from the Estate.

    One thing that I've learnt during my time on this planet is that people are generally hypocrites and will screw over family and friends for a buck. Cynical? You betcha!

    Most people THINK they are ethical, BELIEVE they will do the right thing and are quick to JUDGE others for the very failings they have themselves.

    I've seen seagulls better behaved over a hot chip at the beach than many families during settlement of an estate.
     
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  24. Arvin Grajau

    Arvin Grajau Seven Time F1 World Champ

    Jun 7, 2006
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    Sums up the will issue well..
     
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  25. craze

    craze Formula 3
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    Mar 5, 2021
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    Haha wisdom right here
     
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