Contentious Probate Client

Background

Our client was a beneficiary of the estate of his late grandmother. His Aunt was the sole executor of the estate.

The estate comprised of cash and a property owned by the deceased. The Aunt had lived with the deceased at the property in question for several years prior to her passing.

Approach

A grant of probate was issued. Thereafter, over 12 months passed without the property being marketed for sale and the executor continued to live in it. Our client began to question whether the executor was deliberately delaying the sale of the property for her own benefit and placing herself in a conflict of interest between her own interests and her legal duties to the estate.

Outcome

We were instructed to commence court proceedings to seek an order requiring the executor to market and sell the property.

The proceedings were defended by the executor, however a Stay of proceedings was agreed in order that the property could be re-valued and placed on the market for sale. Once a buyer was found and the sale completed, a consent order was agreed to dispose of the court proceedings.

The positive outcome here was that the application pushed the executor to comply with her obligations to gather in the assets and distribute the estate.