VIC Deceased estate

[Charlie Cripps]

Hi,
My partner is an executor and beneficiary of her dads estate who died last year. Before he passed, it went through the courts that his ex (not her mum) receive x% of a sale from a house they previously owned together. 1 year on, the house hasn’t sold, the ex hasn’t made any mortgage payments and rarely if at all speaks to the agent about the sale of the property (reluctant to drop price).
Has my partner got any grounds in which to challenge the amount that is divided up between the 2 parties if the house eventually sells?

 

[Tim W]

Very difficult to say anything useful at all
without knowing what

...it went through the courts...

means in this case.

Now, let's assume that the will is valid and that there has actually been a proper Grant of Probate...
(let's also assume that she is the sole executor)

Much depends on the nature of the house - was it (and does it remain?) the main residence of Wicked Stepmother?
Or was it, for example, an investment property (perhaps in his name only, even if she was helping pay for it) ?
Was it joint tenants, tenants in common, or all in one person's name?
Once you know that, what will then the next thing you look at is what the will literally says.
This will be relevant to to questions of whether or not the house is a part of the estate that can even be sold, or whether or not, for example,
Wicked Stepmother simply inherits it (wholly) as a surviving joint tenant.

Let's be clear - this is not a DIY.
Your partner is going to engage a specialist Wills and Succession lawyer to sort it out.
That will cost money. However, it is a cost directly related to the execution.
On that basis, she should ask the lawyer about the prospects of having the costs met by the estate.