Legal Question in Wills and Trusts in Australia
Selling Property and Shares
Are you allowed to sell property, shares, bonds etc. before the will has gone to probate and the money from the proceeds then goes into the estate?
Asked on 2/26/04, 6:46 pm
1 Answer from Attorneys
Tim Wishart
McMahons National lawyers
Re: Selling Property and Shares
I assume that you are the executor of the deceased estate.
First you need to determine if there is a need to obtain probate of the will. There may not be.
If you are going to obtain probate it would be prudent to wait until probate has been granted to deal with assets of that nature.
If you do deal with assets(whether probate is granted or not) be scrupulous with your record keeping and open a separate bank account for the deceased estate.
Answered on 2/26/04, 6:54 pm
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