QLD Not granted Probate or Admin, but renting property out?

Discussion in 'Wills and Estate Planning Law Forum' started by Jeanette Marie, 27 August 2018.

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  1. Jeanette Marie

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    Hello, a man died 6 months ago in the home he owned in a small country town. His son (an only child) has only just found out. He has been estranged from his father for many years, and there was no Will found. The son has applied for Probate or Admin (whatever you apply for in these circumstances), but has not received them yet. Meanwhile, as the only child, he is so sure of things going his way, he has done some minor repairs and painting to the home, and now wants to rent it out to my brother. I could be mistaken, but is this legal when the son has not been granted probate or admin yet. We have all seen how even a straight forward will can be challenged by people the children did not even know about. What is the worth of a lease given under such circumstances? It will cost my brother money to move. I do not want him to be the person left in the middle and out of pocket if this all goes south. Thanking you.
     
  2. Rob Legat - SBPL

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    Without a grant of probate, or letters of administration, he has no legal authority to deal with the property. Even maintaining it is tricky, but generally allowed.
     
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  3. Jeanette Marie

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    Thank you Rob.
     
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