#18704
Kangaroo
Flatchatter

    Whale,

    You’re probably way more familiar with the Act than I am, but these are my thoughts from a bootstrap perspective:

    1) The dead owner can’t sign anything.

    2) Nobody is an executor or executrix until probate has been granted.

    3) The size of that estate sounds like it will need probate.

    4) If probate hasn’t been granted, nobody has the legal right to sign a proxy.

    5) If probate has been granted, there’s a part of the Act that seems very strange to me, Schedule 3 section 10 clause (7) which says:

    Exercise of voting rights where owner holds lot as trustee

    If the owner of a lot holds it as trustee, a person beneficially entitled may not vote at a general meeting.

     

    5) That seems very unfair to me, as it’s usually the beneficiaries of a deceased estate trust who take on the executor job.

    6) So that clause would seem to leave the lot disenfranchised and unrepresented until probate has been granted.

    7) And then the executor would have to appoint a proxy other than themself.