NSW Disposal of assets

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Knightmare

Well-Known Member
17 February 2016
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My mother passed away leaving an estate which included a residence and two adjoining vacant blocks of land, that the executor wants to develop for sale. There three beneficiaries. The will directed that the assets be divided between the three beneficiaries.

Parties to my mothers estate agreed in the executor's office that the vacant blocks be sold of so that my two brothers could use the proceeds of the sale to move out of the residence, which I would keep. Its obvious my two brothers plan to sell of the vacant blocks and just squat in the residence, with complete disregard to the agreement.
  1. Can I take out an injunction against the estate freezing all sale and works on the vacant blocks until the residence in placed in my name?
  2. Can I sew the executor for damages resulting from loss of income due to not being able to dispose of assets?
  3. Can I sew my brothers and executor for conspiracy to defraud?
Tks
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
1. Can you get an injunction against the executor... maybe. Not really enough facts to say for sure.
And it's not necessarily a permanent solution anyway.
Ask your lawyer about a caveat instead. That may buy you time to negotiate.

2. Not enough facts to tell, but no, a person doesn't generally get to sue for the non-arrival of a windfall.
For one thing, it's not income in the way your wages are.

3. Not enough facts to tell, but probably not.