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Hi
Well the answers are very convoluted. Upon further research I have found:
1: In order for a relative of a deceased lot owner to participate and vote at a general meeting of owners, the relative would need to be a registered proprietor of the lot or hold the proxy for the executor or executrix pursuant to a Will, where that Will had been proven by virtue of probate.
Probate has not been granted, there has been no transfer of property in title.
2:This article about proxy entitlements regarding a deceased estate has been provided by Michael Pobi from Pobi Lawyers.
I have recently been asked about whether a proxy can attend a general meeting of an owners corporation and vote on motions on behalf of the estate of a deceased lot owner.
In our view a proxy could vote on behalf of the estate of a deceased lot owner in the following circumstances:
- If the estate of the deceased lot owner has obtained a grant of probate of a Will which gives the executor of the deceased lot owner’s estate the authority to act on behalf of the deceased lot owner’s estate and the executor gives a proxy to the proxy holder;
- A member of the family of the deceased lot owner or a relative becomes the registered proprietor of the deceased owner’s lot and gives a proxy to the proxy holder.
My “business” regarding the renter is limited to the Owners Corporation responsibilities under the SSMA 1996 as it is always about compliance to the ACT.
Cheers