NSW Deceased Estate - Can Nephew of Deceased Continue Occupying the Property?

[DARYL LYNCH]

How long can a nephew who was partially dependent on a deceased Uncle remain in the property after his death? Current solicitor sending a 90 day notice to vacate the property so that it can be sold vacant possession. However does the occupant have rights to extend his occupancy? If so for how long?

 

[Tracy B]

Hi Daryl,

When the Uncle die, was a will left behind? If so, who is the beneficiary of the house? What relation is the nephew to the deceased? How old is the nephew (i.e. is he a minor)?

 

[DARYL LYNCH]

The occupant is the nephew of the deceased. The will includes nieces and nephews of the deceased but the occupant is not included. The occupant is 65 with limited means surviving on a disability pension.

 

[Rod]

If he was dependant on his uncle, then he has a good chance to successfully challenge the will.

Also, please consider what is reasonable for the nephew as well as what is legal. If he is disabled he may need longer to find the appropriate accommodation he needs.

Also if you are engaging a solicitor to send a letter, that solicitor is the one to answer your question.