- This topic has 3 replies, 2 voices, and was last updated 10 years, 7 months ago by .
-
Topic
-
The Executrix of a unit in our building (of 12) has leased the Unit before Grant of Probate (NSW) and has nominated her husband to fill the casual vacancy on the EC. He is a non owner. To nominate someone Under Schdl 3 you must be an owner. However,
Under Sec 118(3) (3) Notice can be given to vote at a general meeting. “The notice must specify the manner in which the interest arose and be verified by statutory declaration if any of the following applies to the interest:
(a) the interest is that of the executor or administrator of the estate of a deceased person,
The Strata Manager is “satisfied” from letters from her lawyers she is the Executrix. However I need to know if probate needs to be granted first so the property is transferred to her name i.e she has “control” of the property which is still in the deceased name according to The Certificate of Title. Also,can she lease out the unit before probate is granted?
Seems to be conflicting legal points of view on whether probate need to be granted first. I assume if correct notice is given to vote then she can nominate her husband.
The EC has voted via paper vote and appointed her husband to the EC.
Should the letters to the Manager be part of the OC records so I can view them or are they “confidential” ? Does the Executrix need to be entered on the Strata Roll before the nomination and what other details should be recorded on the Roll to make her eligible to nominate her husband?
Sue