Help with process - Deceased Estate

[b20]

Hi guys

My grandfather passed away a few weeks ago - and he didn't leave a will. One of the big banks is appointed as executor of his state. My uncle - my grandfather's son - has been responsible for certain aspects of his estate. He has asked if I would like to take over one of his firearms, which has massive sentimental value to me.

The firearms are currently locked in my grandfathers safe in his house where he stayed with family.

In searching the web and the forum I see that the executor is supposed to apply for a temp storage permit, or the firearm must be handed in to a dealer.

I am trying to figure out the best way to do this - the easiest would be to leave it where it is until my license application is approved but will obviously do what is required by law.

1. Can I do this and who would need to apply for the storage permit?
2. What would i do differently on the application compared to when licensing a firearm that is dealer stocked?
3. Will the executor - being a bank - be involved in this process at all or is it just up to us?
4. I already have a competency and licenses for handguns - though not this specific caliber - does that help in any way?

Would appreciate some advice if possible?

B20

[Lone Gunman]

I would suggest getting hold of your closest Legally Armed branch. They specialise in estate firearms and helped immensely when I took over my wife's grandfather's firearms.

It was pretty straightforward, the executor collected the guns and took them to the Legally Armed branch where they were booked into dealer stock. I then just applied for them like any other ordinary application. I think they only charged a couple hundred bucks to do the admin.

[CorditeCrazy]

Have a chat to Andrew Leigh.

[Ds J]

In some cases, the bank insist that the firearm be stored with them. In some cases, they allow for the firearm to be stored elsewhere.

The executor needs to sign the storage permit on behalf of the deceased, then it is approved by the DFO. I think one attaches some extra paperwork like a copy of the ID of the deceased.

For your application: the executor signs on behalf of the deceased in the appropriate section of the application; you also need to deliver proof of appointment as executor, copy of ID of the deceased etc.

Your competency only comes into play with your application.

[b20]

In some cases, the bank insist that the firearm be stored with them. In some cases, they allow for the firearm to be stored elsewhere.

The executor needs to sign the storage permit on behalf of the deceased, then it is approved by the DFO. I think one attaches some extra paperwork like a copy of the ID of the deceased.

For your application: the executor signs on behalf of the deceased in the appropriate section of the application; you also need to deliver proof of appointment as executor, copy of ID of the deceased etc.

Your competency only comes into play with your application.

Thank you guys!

[MSW2]

Also ask your DFO. Each one has a different way of doing things.

[High Power]

Also ask your DFO. Each one has a different way of doing things.

It is NOT up to individual DFOs to "do things their way". The laws regarding estates, including firearms, are all that apply.

Yes, go to Legally Armed, or some similar group. Just be aware that the banks' executors really have little interest in the firearms. They just want to dispose of the assets and finalise the estate.

Peter

[JhbBoy]

FCA S147
Disposal of firearms in case of death
147. (1) In the case of the death of the holder of a firearm licence, the firearm in question must be disposed of as prescribed.
(2) The executor of the estate of a deceased person who comes into possession of a firearm licensed to the deceased must store the firearm as prescribed.


FCA Regs
Disposal of firearms in insolvent or deceased estate
103. (1) Prior to the issuing of a Letter of Executorship by the Master, the nominated executor in the will and in the absence of such nominated executor, the heir, next of kin or close relative of a deceased who was the holder of a licence, permit or authorisation in terms of the Act, may under authority of a permit issued in terms of section 21 of the Act, possess the firearms of the deceased until subregulation (2) takes effect.


(2) Subject to the provisions of any other law, any person who under any execution warrant issued by a court of law, or an appointment, letter of executorship, letter of administration or letter of curatorship from the High Court or the Master of the High Court, as the case may be, acts as messenger of the court, bailiff, executor, administrator, trustee, curator or liquidator of the estate of a person who possess a firearm or ammunition, must take steps to ensure the safe custody of the firearm and ammunition and store the firearms and ammunition in a storage facility as prescribed in regulation 86: Provided that if an heir of a deceased estate is a holder of a licence, authorisation or permit issued under the Act, that heir may provide for the safe custody of the firearm and ammunition on condition that -
(a) the executor does not have the required storage facilities;
(b) the executor issues a letter of consent to the heir for the safe custody of the firearm, stating the licence particulars of the deceased and make, type, calibre of the firearm, as well as, every manufacturer’s serial number or additional identification mark that is reflected on the firearm; and
(c) a copy of the letter of consent must be filed with the Designated Firearms Officer for the area where the heir resides.

[oafpatroll]

I bought a rifle out of a deceased estate and it was stored as per 2 in the FCA regs. above. The bank appointed executor was 'somewhat' of an impediment to the process. Getting the required docs out of him to progress the application took at least 6 weeks. Before I do the same thing again every scrap of documentation will need to be in my hands before I even consider making an offer.

[jehan]

My application of an estate firearms paperwork as follow. Submitted and approved

Copy of death certificate
Copy of deceased I'd
Copy of executor letter of him being appointed
Copy of will.. Frontpage
Executor need to sign as holder
Complete as executor the owner
Rest all the same as normal app