NSW Estate Property Issues After Probate

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Lynne

Well-Known Member
8 September 2014
25
0
121
My mother passed away November 2011 and probate was granted April 2012.My three sisters and I are beneficiaries of the estate, but all four of us were made executors of the estate.One sister has taken on the responsibility of executor of will with no regard to anyone else's input.

After much friction between us all, the family home was finally sold last year. There is also an investment unit which my sister decided she was going to renovate and has now rerented out til December 2014 then she wants to review it. Two of us just want to sell it and move on. My youngest sister is going through a bitter and vicious divorce(of her own doing) and two of us are now estranged from the 'executor' and the soon to be divorcee.

How do we go about trying to sell this unit. We had no say in what she wanted to do and have had no communication from real estate at all. All cheques in regards to outgoings were supposed to be 'all of us to sign' but we have not signed anything and have not received any income etc.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,124
742
2,894
Sydney
Before you do anything, get a look at the actual will.
 

Lynne

Well-Known Member
8 September 2014
25
0
121
Before you do anything, get a look at the actual will.
Thanx for replying Tim.
Will states that executrices have powers to:invest and change investments freely as if they were beneficially entitled and this power includes the right to retain assets in their existing state to postpone sale and to invest in non income producing assets including property for the benefit of or use or occupation by a beneficiary'.
Surely all four of us should be having a say in what happens.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,124
742
2,894
Sydney
It depends on the wording.
It also depends on whether or not probate was granted with just her, or with all of you appointed.
That's why you need to see the document, not just rely on what somebody says it says.
 

Lynne

Well-Known Member
8 September 2014
25
0
121
I
Thanx for replying Tim.
Will states that executrices have powers to:invest and change investments freely as if they were beneficially entitled and this power includes the right to retain assets in their existing state to postpone sale and to invest in non income producing assets including property for the benefit of or use or occupation by a beneficiary'.
Surely all four of us should be having a say in what happens.
 

Lynne

Well-Known Member
8 September 2014
25
0
121
I have a copy of both the will and probate in front of me.My last reply was taken word for word from the will.
Probate was granted to all four of us.
Basis of grant: probate of will-executors appointed under the will.
 

Lynne

Well-Known Member
8 September 2014
25
0
121
I have a copy of both the will and probate in front of me.My last reply was taken word for word from the will.
Probate was granted to all four of us.
Basis of grant: probate of will-executors appointed under the will.