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guardianship
kismet
23 Nov 2011 3:43pm
When a mother is in a defacto relationship with the father of her child and they are all living in the same home as her parents, can she name child's grandparents in her will as guardians in a shared guardianship with father of the child. Will this hold in law or would it be battled out in court should the child's mother die and the father moved out of the house and wished to remove the child as well.
did you get an answer to this? I would like to know the answer as well:-)
Reply 2:
Priscilla McGirr
17 Jun 2010 1:24pm
Yes a executor can witness the will. Section 12(1) Wills Act 2007.
However remember a beneficary cannot be a witness. Often an executor is a beneficiary.
Could create a gray area if the executor is paid to administer the will?
Probate
Stephen Pope
23 Apr 2010 3:19am
having recently been involved as an executor of a will I am astounded at the lack ,of information to help people understand how a will is probated. The will in question was under $25.000 yet the lawyers involved seemed to make a huge thing about the fact that there was staple holes that had held the cover page and the cover page was missing. We have been given 2 prices to administer the will one of $4.500 to do whatever is needed or $2.500 to just get it through probate. The will is uncontested.
Can the executors approach the probate court themselves? there is a dearth of information to assist executors at these sometimes stressful times.
When a mother is in a defacto relationship with the father of her child and they are all living in the same home as her parents, can she name child's grandparents in her will as guardians in a shared guardianship with father of the child. Will this hold in law or would it be battled out in court should the child's mother die and the father moved out of the house and wished to remove the child as well.
can a witness be named as the executor?
did you get an answer to this? I would like to know the answer as well:-)
Yes a executor can witness the will. Section 12(1) Wills Act 2007.
However remember a beneficary cannot be a witness. Often an executor is a beneficiary.
Could create a gray area if the executor is paid to administer the will?
having recently been involved as an executor of a will I am astounded at the lack ,of information to help people understand how a will is probated. The will in question was under $25.000 yet the lawyers involved seemed to make a huge thing about the fact that there was staple holes that had held the cover page and the cover page was missing. We have been given 2 prices to administer the will one of $4.500 to do whatever is needed or $2.500 to just get it through probate. The will is uncontested.
Can the executors approach the probate court themselves? there is a dearth of information to assist executors at these sometimes stressful times.