An executor of an estate must retain the firm that prepared the deceased persons Last Will as the lawyer to assist them in administering the estate, right? Wrong!! This is a regular misconception.
It is not uncommon for the deceased person to have lived in a separate location to the executor. The struggles one can face as an executor administering an estate, at the same time as they are grieving the loss of a loved one, is enough for any person to deal with without throwing travel into the mix.
Even travelling to a Solicitor as close as Brisbane, for a person living in an Ipswich suburb, can be difficult. It’s not like you can just book an appointment to see the lawyer while you are on your lunch break. It involves taking time off work each time you need to attend the lawyers office, attempting to avoid the build-up of traffic on the highway, and don’t even get me started on the dreaded issue of parking in the Brisbane CBD.
On the death of a person, the executor is the person with the right to possession of the Will. This means that the executor, on producing evidence of the will maker’s passing, is able to collect the Will and take it to their own Solicitor, or a firm of their choosing. Alternatively, the Solicitor that the executor may wish to retain can also have the executor sign an authority and then collect the Will on the executor’s behalf. It is certainly not the case that the executor is ‘stuck’ with the Solicitor who prepared the Will.
If you or anybody you know is the executor of a Will and has lost a loved one, our Wills and Estates team are ready and willing to assist you. At McNamara Law we understand that you are going through what will be one of the most difficult times of your life and we are here to make that difficult time just that little bit easier. Let us help lighten the load so that you can focus on the things you should… that is, grieving and being with family. We have lawyers who practise exclusively in the area of Wills and Estates at each of our Ipswich, Springfield Central and Gatton offices. All offices have the convenience of free parking and, to top it off, a trip down the Highway in peak hour traffic can be avoided!