NSW How to Contest Deceased Estate from Being Distributed?

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Angel123

Member
16 June 2017
2
0
1
Hi,

I would like to know how I can stop the shares which are only assets from a deceased estate from being distributed. No letters of administration have been lodged yet and I thought I would be able to fill in the caveat form to prevent the shares from being sold but as shares aren't property, I cannot do that and I need to urgently stop any sale going through.

Can you help?
 

Arche

Well-Known Member
20 March 2015
114
11
419
Who is trying to sell them? Is there a will, is it the executor? How do you know this?
 

Arche

Well-Known Member
20 March 2015
114
11
419
Sorry I think I misread your question/didn't read the heading. Most of the questions still apply. No one should be able to sell shares under a deceased estate without authority so I am not sure how this is coming about.
 

Angel123

Member
16 June 2017
2
0
1
Who is trying to sell them? Is there a will, is it the executor? How do you know this?

There is no will and the siblings can't agree as to who should apply for letters of administration so the result is most likely to be that the Office of Trustee and Guardianship will be made the administrator and they will pay off any debtors and distribute the estate according to the law of succession.

The issue is that the shares which are the only asset in the deceased estate and are in the deceased's name but they weren't paid for by him but by me and as I'm not a relative I don't come under the line of succession. It's a mess and I don't want the shares to be sold off.

I would prefer that the matter goes to court so that I may be able to prove that I was the owner of the shares not the deceased so it is complicated but I stand to lose everything that I put into the shares over a five year period. So that is why I wanted to know if there was some other form that I could fill in as apparently I can't apply for a caveat to stop the shares from being sold as they are not property.
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
As I see it you are potentiality an unsecured creditor. Once the public trustee has the estate you can make a claim on the estate. You will need lots of good documentation to substantiate your claim.