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NSW Estate Property Issues After Probate

Discussion in 'Wills and Estate Planning Law Forum' started by Lynne, 8 September 2014.

  1. Lynne

    Lynne Well-Known Member

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    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.
     
  2. Tim W

    Tim W Lawyer

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    Before you do anything, get a look at the actual will.
     
  3. Lynne

    Lynne Well-Known Member

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    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.
     
  4. Tim W

    Tim W Lawyer

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    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.
     
  5. Lynne

    Lynne Well-Known Member

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    I
     
  6. Lynne

    Lynne Well-Known Member

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    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.
     
  7. Lynne

    Lynne Well-Known Member

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