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Renouncing or resigning probate: when an executor resigns

renouncing probate, right of probate, right to renounce, renouncing executorship, executor, Renouncing probate of a deceased estate is when a named executor in the will does not wish to take on the role. It is not compulsory. To resign you complete a form provided by the Probate Court in your state or registry, links in this article. These are free to download. Complete the form, sign in front of a witness where required, date it and lodge at the Probate Court Registry. There may be a small fee to lodge the form, contact the Probate Registry. If you want to resign do it as soon as practical.

There is no requirement that an executor must accept the executorship role, even if it was agreed to do so. But relinquishing executorship should be done as soon as practical if you don’t wish to act and have not dealt with the estate, (intermeddle). You can resign your appointment as executor by renouncing your right to probate of the deceased’s will, that is you renounce probate.

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Codicil to a will – what is it and when to use one.

Sydney Harbour SunsetA codicil is a short additional document, typically one or two pages, used to make a minor alteration to an existing will. Both the will and the codicil documents together form the “will” of the person.  To be legally valid the codicil document must be signed and executed in front of witnesses in the same way as for a will. 

A codicil is a convenient way to change an executor or trustee named in a will. For example in a situation where someone appointed as an executor has died a codicil can be used to replace them with someone else who is willing to act when the time comes. Read more.

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Who can see the will of a deceased person, and get a copy?

 

wills, probate, deceased estate, copy of someone's will,

To see the contents of a deceased person’s will can be difficult. But in some states if you know who has the will, a copy, or other testamentary document, the law requires them to allow certain categories of people who are entitled under the law, to have access. If you are within one of these categories you are entitled to inspect or see the will; and obtain a copy of it. Copying is at your expense, but the costs must be reasonable.

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Check property ownership

Property ownership, will making, company shares, units, trust,

Disposing property by will, in the will-making process requires considerations to be given to what you own in your individual name, as opposed to what you might control, see further below. As only property owned in a personal or individual name can form a deceased estate, it is only this which can be transferred by will, (or the rules of intestacy).

Among the first considerations in making a will is considering what we own. Only property owned personally can form a deceased estate and be disposed of by will, but it is easy to overlook that property thought of as ‘ours’, is legally in another name. It pays to check who owns what, that which is not in your own name, is not yours to give by will.

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