WA Evicting people from an estate property that do not have the right to reside

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

MaggieMay01

Member
1 August 2020
1
0
1
Hi,
My father gave his second wife a personal right to reside in his house for a maximum of 20 years post his death, provided she pays the rates and insurances the house etc.
If she leaves or dies, remarries etc her right to live there is forfeited. The property cannot be used to generate income. My sister and I are Trustees for the property as our Fathers only children and beneficiaries. The right to reside does not extend to extended family etc.

The second wife moved her grown daughter, husband and their two sons into the property from Qld. They are now permanently residing operating their business from the Property as ASIC records and internet searches confirm this has been happening for 6 months.
The wife has also removed Estate chattels from the property to make room for her extended family.
We have sent correspondence from a Lawyer and as Trustees asking where the chattels are and for the wife to confirm the daughter and family are leaving imminently.
They have not responded in over three weeks and this is their modus operandi as they don't want to spend money. Clearly they're enjoying living for free at the estate's expense and increasing the wear and tear on the property.
Clearly they intend to stay as per the ASIC records as they've updated the address etc for the business.
The estate property cannot be used as a place of work or for rental purposes to generate income.
It is not our intention to evict our father's second wife even though she has clearly breached the terms of the Will.
It is our intent to accomplish the following:
a) remove her daughter, son-in-law and their sons from the Property.
b) seek recompense from the second wife for illegally removing estate chattels and depriving the beneficiaries of these funds.

If they keep ignoring legal correspondence, how do we get rid of them?

thanks
Mags