NSW Grandmother's Will and Inheritance - Can Aunt Stay in Family Home?

[Joe2015]

My grandmother passed away recently and left a will stating that she wants the family house to be sold after her death. The house is to be sold and the money for inheritance is to be divided a third to my mum a third to my aunty and a third to the two grandchildren.

A few years ago my aunty was kicked out of her unit and went back to live with my grandmother. My grandmother was not happy about it but took my aunty in on a temporary basis. My aunty just stayed. Once nan got too old and confused my aunty put her in a nursing home against her will. Now my aunty says she wants to stay in the house and that legally she has a right to do so as she looked after my grandmother and lived there for several years. She has never paid any rent and is not willing to do so now. She did cook for my grandmother and looked after the bills and shopping.

My aunty now wants to live in the family house for nothing. Both her and my mum are executors of the will. Has my aunty really got the right to stay in the house without paying rent nor buying the others out? (I know she doesn't have the money to buy the house and probably couldn't even get a loan because she chose only to work 5 hours a week even though she has the option to work more hours).

 

[winston wolf]

No she doesn't have a right to live in the home indefinitely, but can stay until the home is sold.
It sounds like a will dispute is on the cards? Would your aunt be able to buy another residence with her share of the estate?

 

[Joe2015]

No she doesn't have a right to live in the home indefinitely, but can stay until the home is sold.
It sounds like a will dispute is on the cards? Would your aunt be able to buy another residence with her share of the estate?

Thanks for getting back to me. Yes my aunt could definitely buy something with her share but might have to move to a cheaper area to do that.

 

[winston wolf]

I think she is mistaken on her rights.
If her share would allow her to buy a new home she doesn't really have a argument that she would be on the streets if the home were sold.

Let's hope she sees reason and doesn't wast a lot of the estate.

 

[Joe2015]

I think she is mistaken on her rights.
If her share would allow her to buy a new home she doesn't really have a argument that she would be on the streets if the home were sold.

Lets hope she sees reason and doesn't wast a lot of the estate.

Thanks for your help

 

[Terryw]

Sounds like aunty is also breaching her duties as executor - seek legal advice on removing her.

 

[Joe2015]

When my grandmother passed away 6 months ago, her will stated that half of her estate should go to my father and a half to his brother. The will also says that if my dad is not alive that his share should go to his three children. My dad was the executor of my grandmother's will but he also passed away 2 months ago and did not yet apply for probate for my grandmother's estate. His brother is now the executor of my grandmother's will.

In my father's will, he states that he wants everything in his name to go to his children and this money is to put in a trust fund with his wife (my stepmother) as the trustee and everything joint owned will go to his wife. He had some money in an account in his name only. His wife says that we children are only entitled to the money he had in this bank account and that she is entitled to his share from my grandmother's estate. Is this correct?

 

[winston wolf]

I would say that as your grandmother estate was not distributed that the proceeds of his share would flow to his estate and be deposited into his account or a trust account and be part of his estate. Then flow to his children as stated in his will.

If his mother's estate had been distributed and you father deposited his share into a joint account with his wife then she would keep the money (but this did not happen).

The will also says that if my dad is not alive that his share should go to his three children

This part is not really relevant as he was alive when she passed.

Do you know how your uncle became executor? Was he joint executor already? Or was there a clause in the will for the executorship to pass to him?

 

[Joe2015]

I would say that as your grandmother estate was not distributed that the proceeds of his share would flow to his estate and be deposited into his account or a trust account and be part of his estate. Then flow to his children as stated in his will.

If his mother's estate had been distributed and you father deposited his share into a joint account with his wife then she would keep the money (but this did not happen).

Thank you for your reply!