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NSW Probate and Deceased Estate - Who Pays the Bills?

Discussion in 'Wills and Estate Planning Law Forum' started by Trusting, 7 September 2015.

  1. Trusting

    Trusting Member

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    My sister passed in October. Probate has gone through in July. A house has been left to one person for 20 years then goes to a specified charity. The other house goes to another beneficiary for life tenancy until they die then also goes to a nominated charity. The solicitor is asking both beneficiaries to pay all expenses from the death to and after probate for the properties, e.g. gas, electricity, phone, rates, strata levies, etc. which is a sizable amount given the time frame taken for probate (no one was living in either properties before probate). There are plenty of funds in the rest of the deceased estate.

    My question is, is this correct? Are we liable from the date of death? Or is bill ownership after probate and not before? One person is a young man who is just out of university and has limited free cash flow.

    Any help on this would be greatly appreciated.

    I find the solicitor difficult to talk to using lots of "law Talk".
     
  2. Trusting

    Trusting Member

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    Have just received this response from the solicitor. He states there is "an unusual old law that applies" . With regard to the gift of a specific item, the cost of transferring the item to the beneficiary and the cost of maintaining it from the date of death are to be paid by the beneficiary not the estate. Can someone clarify this please?
     
  3. Tim W

    Tim W Lawyer

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    Who is the executor?
     

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