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My brother and I have been appointed executors of my

Hi Pearl - my...

Hi Pearl - my brother and I have been appointed executors of my recently deceased mother's estate. We want to be able to act jointly or separately for convenience (I am in Melbourne; my brother in Canberra). Currently completing Vic Supreme Court Probate form and not sure whether to put the application in both names.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Victoria

Lawyer's Assistant: What documents or supporting evidence do you have?

Will, Death Certificate, Asset Valuations etc

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don't think so!

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Answered in 5 minutes by:
3/21/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,409
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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do you have a copy of the will ?

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Customer reply replied 1 month ago
Hi John - yes I do have the original will

can you please write out what the wording on the will says about the two executors

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Customer reply replied 1 month ago
34;I appoint my son [name], and my daughter [name] and I declare the expression 'My Executor' shall mean the Executors and Executrices of this Will whether original, additional or substituted.

this wording means that both executors must act jointly, and where they cannot agree they will need to see the courts decision on the matter.

the will contents as to authority cannot be changed to severally acting.

I have extended a special offer to talk on the phone about this important matter, please look, it will help you.

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Customer reply replied 1 month ago
Hi John - thank you and yes, that would be great. However, I'm about to go into an appointment. May I make the call at another time?

yes you can
if you need more information please let me know

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,409
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 1 month ago
Hi John - as we have to 'act jointly' does that mean my brother and I both need to be 'the plaintiff' on the Probate Application form? We're both listed in the advertisement and I've completed the form (not submitted yet). However, I've only included my brother in the Affadavit. Do I need to change this so wherever there's reference to the 'plaintiff' and 'deponent' that it needs to include both our respective names and addresses?

you will not be able to under the will unless a special deed is done to rectify the same

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Customer reply replied 1 month ago
Not be able to do what? We both want to be executors but as he is located in Canberra we thought it would be easier if I did the application on behalf of us both. Taking on board your advice that we have to 'act jointly' should I change the form to include both our names and addresses as the plaintiffs/deponents (plural)?

you want to act severally

the will does not permit it.

you will need to have either deed put into place changing the right of the executors and then having that confirmed by the court, or one executor revokes the right to act

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Customer reply replied 1 month ago
OK, just to confirm then... If we both want to act, the Probate form requires both our names and addresses in every section and I change all the 'I' to 'We'?

yes

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Customer reply replied 1 month ago
OK, thanks very much. I think I understand! :-)

you are welcome

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John Melis
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Category: Australia Law
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