NSW Cleaning up of property

[rellim]

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

 

[Rob Legat - SBPL]

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.