NSW Deceased Estate and Will - What are Our Property Rights?

[LauraTalChick]

Hi, I'm just after some help.

My partner and I along with our 16-year-old and 6-month-old are currently living in my late mother-in-law's house. We have lived here for the past seven years and she passed away in November 2015.

The will was read today and it stated for the deceased estate to be sold and thee estate split four ways between my partner and his siblings.

One of his brothers and sister are executors of the will and they have told us today we have 5 weeks to get out of the house. My question is, are they allowed to do this and what property rights do we have?

Thanks in advance.

 

[Arche]

Hi Laura,

Were you and your partner paying rent? Are you objecting to having to leave at all or to the amount of notice given?

Generally, the Executors are bound to follow the wishes of the deceased and to administer the Estate according to the Will.

 

[LauraTalChick]

We didn't pay rent but we payed the phone water and electricity bill. And his mother just paid for the land rates.

We are just a bit taken aback with the time frame they have given us. We knew that the house had to be sold once she passed. It's just the time frame.

 

[Sophea]

If your arrangement could be classified as a lease, such a lease would not be terminated upon the death of the landlord and would simply change to a lease with the beneficiaries of the property. In that case they would need to give you the standard 60 day or whatever it is in NSW for residential tenants.