NSW Cleaning up of property

Discussion in 'Wills and Estate Planning Law Forum' started by rellim, 28 June 2019.

  1. rellim

    rellim Member

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    Hello All
    If probate hasn't been passed on an estate can you still go in and clean it all up Eg: throw out the majority of it to the tip and take things from that property ?

    Thanks
     
  2. Rob Legat - SBPL

    LawTap Verified

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    Generally: no. Not all estates need probate, but acting without it can open you up to legal action if there is a claim made against the estate. Even then, the executors of the estate must act in the best interests of the beneficiaries - throwing stuff out and giving/taking it away may not satisfy that obligation.
     
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