VIC Executor of Will Refusing to Leave Property?

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SamanthaJay

Well-Known Member
4 July 2016
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4 adult children, one of whom has been the official carer for mother for approx 18 years and has lived with her his whole life. He is also executor of will which stipulates estate to be split equally 4 ways.

Carer son is now refusing to agree to sell or leave the property and he claims that he is entitled to stay until his death and shall do so. No probate as yet but carer/executor son is also taking expenses from the deceased estate to pay for not only rates but utilities and weekly cleaner and monthly gardener.

Value of real estate is approx $750,000.

3 other beneficiaries would like to sell the property and distribute as per will. They would also like the carer/executor beneficiary to leave the property along with his belongings (hoarding disorder) as the belongings make access to the inside of the house and garage extremely difficult.

One of the other beneficiaries had a 1/2 hour appointment with a solicitor who was of the opinion that it would be very difficult to legally remove the carer/executor beneficiary.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Difficulty will be if he can prove life tenancy, otherwise it is more likely time consuming and expensive.

Did the lawyer suggest sending the executor a letter reminder them they now have a legal duty to the other beneficiaries and he becomes legally liable if he abuses his executor duties?
 

SamanthaJay

Well-Known Member
4 July 2016
335
55
794
Difficulty will be if he can prove life tenancy, otherwise it is more likely time consuming and expensive.

Did the lawyer suggest sending the executor a letter reminder them they now have a legal duty to the other beneficiaries and he becomes legally liable if he abuses his executor duties?
Thank you Rod. Shall pass this info on. I was not informed about whether the solicitor suggested sending the executor a letter. The other 3 are weighing up their options to see whether this is worth their time and expense of going further.

The executor is very domineering and raises his voice. He will not meet them anywhere and when they attend the property, with very close neighbours being able to hear him, he starts making accusations at the top of his voice.