NSW Executor placing estate at risk

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Knightmare

Well-Known Member
17 February 2016
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The exexutor of my parents' estate wants to perform expensive drainage work to the estate on the advise of a real estate agent to supposedly improve the resale value.

The estate consists of three blocks with the house on on block and two adjoining vacant blocks.It was agreed by the beneficiaries with the executor in his offices that the vacant blocks be sold off and I would take possession of the house under re-distribution. My brother has renegged on the agreement so I guess all options are open including selling the estate as a whole, without any improvements, leaving drainage concerns to the new owner.

I have argued with the executor that before any drainage modifications are carried out, that remedial works be carried out prior by the neighbour, in case new proposed works undermine and cause the collapse of an illegal retaining wall built by the previosus neighbour which is in unstable condition. The executor hasn't even contacted the neighbour.

What legal recourses do I have to:
a) prevent new works until remedial works are carried out to prevent the estate from incurring losses?
b) have the estate sold as a whole (the will simply states that assests be sold off and monies distributed equally, and provides the executor the right to perform works in preparation for sale)
c) take posession of the house as originally agreed with the executor?
d) put the estate on the market solely to ascertain its current market value?