NSW Property Law - Father-in-Law Breached Verbal Agreement?

[Melinda Cameron]

My father-in-law has sold my mother-in-law's property and a verbal agreement was communicated and agreed to that once the property is sold, my father-in-law will get $400K and the boys can have the rest. Everyone agreed.

Now his father will not talk to anyone and is keeping the money. How can we get.what the boys are entitled to under property law? Can we stop the sale from happening as he is not of sound mind to have made these discussions, that's why he had the boys helping him find agents, clean the house, then he turned and the boys couldn't speak to anyone.

Please help.

The new partner of my father-in-law is making it hard for anyone to even speak with the father because she wants the funds.

 

[Victoria S]

Unless the boys have some entitlement to the property, by way of a will or other legal means, they can't sue for failing to come through on a promise. A contract hasn't even been entered into here because there is no consideration - only a promise they will get money. Has the mother in law passed away? If so how long ago?

 

[Rod]

It might be possible to have a binding contract but as noted by Victoria, without something more substantive it will be hard to make a case that would win at court.

And if a Will is involved, then you need to look at the provisions in the Will.

 

[Melinda Cameron]

Yes, the mother has passed back in 2012, but the will reading was kept from the boys. We are getting the will from the estate lawyer's office.

Fingers crossed something is in there

 

[Melinda Cameron]

Thank you for replying

 

[Rod]

OK, you might want to subtly drop a hint that an executor who fails to properly fulfil his/her duties can be legally responsible for their actions, including costs orders.