This article about proxy entitlements regarding a deceased estate has been provided by Michael Pobi, 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:
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- 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 he proxy holder;
- If the estate of the deceased lot owner has obtained a grant of letters of adminstration which gives the administrator of the deceased lot owner’s estate the authority to act on behalf of the deceased lot owner’s estate and the administrator gives a proxy to the proxy holder; or
- 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.
Please note that the information contained in this article is not legal advice and should not be relied upon. You should obtain legal advice before you take any action or otherwise rely upon the contents of this article.
This post first appeared on the Pobi Lawyers website.
For more information about proxy entitlements in situation like a deceased estate or more general information about strata legislation in NSW, visit our FactSheet: Strata Legislation NSW or FactSheet: Strata Committee Concerns
NSW: Proxies and participation at general meetings
NSW: Proxies – uses and misuses
NSW: Decision making in an owners corporation
NSW: Solicitors attending EGMs on behalf of their clients