keeping a share of house left in an estate

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muriel.habils

Active Member
30 May 2024
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0
31
My deceased mother left both my brother and I an unequal share of her house. He has a 70% share and I have a 30% share.
If I decide to retain my 30% share of the property can he force me to sell?
Am I able to now charge him a 30% share of potential rent if he chooses to live in the house?
I understand I may be liable for a 30% share of rates and building insurance along with 30% share of the supply charges of utilities
Would I be entitled to have access to the house with given notice?
 

perjury

Well-Known Member
8 January 2019
22
0
121
a 70/30 share is not an "equal" share
I think you need to look at the relevant decisions of the Victorian (and other) courts found here
This will give you an idea of your prospects of success before you approach a lawyer
When did the executor seek the grant of probate? I'm not Victorian but it seems to me you have 12 months from that date to file a Defence.
 

perjury

Well-Known Member
8 January 2019
22
0
121
I suggest you read this recent decision in Victoria Ermanno Giurina v Sheriff for the State of Victoria [2024] VSCA 112 (29 May 2024)
I suspect you may have a right to demand the sale of the property, or that the executor otherwise compensates for the 30% value of the estate in other ways.
 

perjury

Well-Known Member
8 January 2019
22
0
121
In the first place, you need to put together a case brief that describes the issues involved
Include the order from the case which granted probate
Include the reasons for decision if you received them
Attach these files here
If you have difficulty with financial circumstances, the Court fees can be postponed or even waived.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
In what State?