QLD How difficult is it to be dual executors of a will?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
11 August 2018
1
0
1
Hi there! This is my first post here so sorry if I don't provide enough information.
My mother has just gone into the Public Trustee to create a will for herself with myself (her son) and my brother as 50/50 split beneficiaries for all assets in her estate. As she is getting older she has given me control of her finances. Now the public trustee says they can administer her estate themselves at a cost lower than that of a solicitors however I believe since I have access to most of her finances that I can administer the estate myself along with my brother with the will to gain probate. Her main assets are the house, her bank accounts and the cars which are all in her name. He also stated that the banks require a mandatory solicitor to handle administration so leaving the public trustee as the executors will be the financially sound advice. How difficult is it exactly to administer the will?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,370
673
2,894
Sydney
I suggest a keyword search on here for words like "intestacy" and "executor".

Further - it can be helpful to understand what you mean by "control of her finances".
For example, are you a properly appointed holder of a Power of Attorney?

I'm not sure about this "mandatory solicitor" thing... not one I've ever heard of.
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
2,164
461
2,394
Gold Coast, Queensland
lawtap.com
I’d suggest that information is not accurate.

Banks do not require a solicitor to act. All banks I know of also have a ‘floor limit’ under which they don’t require probate (differs bank to bank, and once over, probate is required).

You also don’t necessarily need probate for the transfer of the property. This can be achieved by depositing the original will with the Titles Office when lodging the transmission forms. If you do subsequently need it for probate, the Registrar of Titles can deliver it to the Supreme Court.