NSW Lodger Changed Locks and is Denying Executor of Will?

Discussion in 'Wills and Estate Planning Law Forum' started by Ken D, 17 April 2019.

  1. Ken D

    Ken D Member

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    My Grandmother was admitted to hospital in December 2018 and transferred to an aged care facility in January 2019 where she passed away in March 2019. There has been Lodger residing at her home for some years who has taken an AVO out on my mother, one of the Executors, when she last visited my Grandmother's home (her family home) claiming verbal assault and has now changed the locks, is refusing access to the property and its contents threatening to have an AVO taken out on any of us who go there, and is now saying he’s “going for the house” claiming he and my Grandmother were in a de facto relationship which is rubbish.

    She was 92 when she passed and he is 73. She also signed a statute of declaration before passing confirming she was at best, his carer but that she was not his de facto. The NSW Police seem uninterested in assisting us, especially now he’s ‘knocked out’ one Executor of will with an AVO for 2yrs, saying it’s “his residence and we can’t just turn up there and he doesn’t have to let us in...it’s a family court matter”.

    We are devastated by his disrespectful actions, shocked at the lack of Police assistance and unable to begin grieving whilst ever he remains there and denied us access whilst telling people “he’s having a garage sale”. Please help for we are beside ourselves with angst and can’t find a clear path to justice.

    Thank you
     
  2. Tim W

    Tim W Lawyer
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    Before anything else - has there been a Grant of Probate,
    and has(have) the Executor(s) been formally appointed?
     
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  3. Rod

    Rod Lawyer
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    Get a lawyer asap, preferably someone/firm that knows both estate and family law.
     
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  4. Ken D

    Ken D Member

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    Hi Tim,

    Application for Probate has just been submitted and the nominated Executors have been listed. Thanks
     
  5. Tim W

    Tim W Lawyer
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    The reason I ask is that until Probate is actually granted,
    the property vests in the NSW Trustee, and the (incoming) executor(s)
    do not, until appointed, have any authority to act.

    Wait until the grant, then come back to us.
     
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