NSW Deceased Estate House and Supreme Court Directions

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Timothy Walsh

18 May 2015
I have no money and unemployed, the deceased estate that I am an Executor of a will, one of three Executors for the estate, having issues with selling house due to not all executors agreeing in how to proceed. The will does not state that the house be fixed up before sale, basically the will has no allotment for maintenance or repairs before sale.

Two of the executors want to fix house up before sale. It is being proposed one of the Executors lend the money to the estate and repaint the house inside and out plus other little repair options to maximise the sale price. This proposal and investigation of costs has been going on for a while since probate has been granted, plus the probate was delayed by four months due to one of the two executors not expediting the documentation in a timely manner argument is each month the estate goes up by 8K a month, thus longer delayed better sale price.

I am against the delays and repair work being performed on the house, since will has not stated this to be done, plus I strongly believe the estate should be sold as condition of time of death of owner, that the will must be executed to the letter without delays after probate granted (probate has been granted three months ago, but took 6 months to get to probate stage, then 1 month to get probate approved).

Since I dont have any money, plus estate has no cash funds since all tied into house value, I want house sold immediately. Thus all benificaries get their money (this includes the three executors, plus special allotment to another five people), funeral people get paid and creditors get paid in a very prompt fashion.

If the house is not sold as is, it will be a number of months more in delays, thus not fair on benificaries and others.

I want to file with the Supreme Court for Directions for the sale of the house, thus stop these constant delays and non agreements. Can I get Legal Aid to help in this matter, since being unemployed without funds, I have no money to proceed with court action?


LawTap Verified
27 May 2014

winston wolf

Well-Known Member
21 April 2014
Hi Tim

The job of the executors is to get the best return for the beneficiaries in a reasonable time.
Therefore if the improvements give a better return and the estate is distributed in a reasonable time (12-18 months) they could make a good argument for there position.