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

[Ben14]

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?

 

[Sophea]

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.