My older sister and I share enduring guardianship for our mother and are both executors of her will. My mother had quit the family home for approximately 20 years and allowed it to be tenanted by a series of family members. There were payments, sometimes irregular, but no written agreements to my knowledge. My sister, who has been in continuous occupation of a home of her own for that time, lived in the family home on occasion with her de facto who was a tenant for approximately nine years. On the last extended occasion, my sister lived in the family home for over one year during which time she was a carer for her de facto. He has been deceased for four years however their household and personal items have not been removed.
Over the last two years, my sister has resisted requests to remove those items- essentially full furnishing of the house. My mother returned to the family home one year ago. My mother appears to be weakened from her once adamant position that my sister should remove her things. While I recognise my mother's right to allow this situation to continue, I have personal concerns as her guardian concerning the limitations the cluttered environment is putting on my mother's living conditions and lifestyle.
My sister holds the same legal authorities in my mother’s affairs as I do and we will equally inherit the family home. My question is whether any effective facility exists to drive the removal of my sister's things under Property Law. Is removing her things an eviction? Does it need her consent to remove them to storage? If I act and my mother wavers in her resolve, does me removing her things become illegal?
I also question my property rights under property or family law should my mother pass before my sister removes her things. If I choose to counsel my mother not to force the issue with my sister, avoid the conflict and live with the clutter and ineffective house cleaning, will I have missed any legal opportunities to resolve the situation when eventually it is my problem and no longer my mother's?
Over the last two years, my sister has resisted requests to remove those items- essentially full furnishing of the house. My mother returned to the family home one year ago. My mother appears to be weakened from her once adamant position that my sister should remove her things. While I recognise my mother's right to allow this situation to continue, I have personal concerns as her guardian concerning the limitations the cluttered environment is putting on my mother's living conditions and lifestyle.
My sister holds the same legal authorities in my mother’s affairs as I do and we will equally inherit the family home. My question is whether any effective facility exists to drive the removal of my sister's things under Property Law. Is removing her things an eviction? Does it need her consent to remove them to storage? If I act and my mother wavers in her resolve, does me removing her things become illegal?
I also question my property rights under property or family law should my mother pass before my sister removes her things. If I choose to counsel my mother not to force the issue with my sister, avoid the conflict and live with the clutter and ineffective house cleaning, will I have missed any legal opportunities to resolve the situation when eventually it is my problem and no longer my mother's?
