VIC What are My Rights as Beneficiary to Aunty's Will?

[ChrisLeigh]

Hi.

I am one of three beneficiaries in my Aunty's will. I was her full time carer and lived with her full time. She verbally told me before her illness became terminal that I could live at the home she owns after she dies, until it is sold through State Trustees. State Trustees are the Executor of Will. This desire was not put in writing by my Aunty.

My question is: do I have any rights to stay at the home until it sells?

 

[Sophea]

If your Aunt's wishes are not in writing and attested to in her will your rights are very limited. Since the trustee is the executor you are basically at their mercy. You may be entitled to stay in the home but you may be required to pay rent to the estate.

As the home is now owned by the estate and the executor has the obligation of managing the estate and ensuring that it is not depreciating in value and making money where possible, then they can change the terms on which your Aunt allowed you to stay at the house or require you to leave.