- Australia's #1 Legal Community is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Father's Will - Dispute Over Deceased Estate Between Executors of Will

Discussion in 'Wills and Estate Planning Law Forum' started by Ben14, 16 January 2016.

Find a Lawyer Form
Find a Lawyer Form
Find a Lawyer Form
  1. Ben14

    Ben14 Member

    14 January 2016
    Likes Received:
    My sister and I are the executors of will and only beneficiaries of my father's will. My mother passed a couple of years ago. We are currently going through probate with our father's solicitor.

    My sister had agreed to buy me out, as she lives in the deceased estate. I had agreed to this. My sister and I have an estranged relationship and try hard to stay civil. As we are in the last stages of probate and notifying dad's debtors, I am waiting for the solicitor to obtain the deceased estate to be transferred into both our names.

    My sister has just informed me that she will not have the money until mid-year and is refusing to sell. I want to sell and move in as our relationship is and has been very bad.

    Can she keep living in the house and refuse to sell? She can be very abusive at best. What are my rights?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Although you are both executors, you are also beneficiaries and therefore owe each other duties as such. You could agree on a date by which she will have finance on condition that she pays rent to the estate in the meantime? That might hurry her along.

    Your last option would be to apply to the court for orders compelling her to sell the property, for which you would need to retain a solicitor.

Share This Page