NSW Rent free while waiting on probate

[sophiar]

Hey, just needing advice

I am the executor of my late partners will. He left a half share of his house to me and a half share to his child.

Since his death I haven't been able to stay at the house as its a bit overwhelming for me. The house is also a bit of a construction site as we were still in the process of building

I'm worried about potential break ins as its unoccupied. Am I able to let a friend live there for free in exchange of maintaining the lawns and maybe doing a few basic fixes to the house?

 

[perjury]

Yes, as an executor you are obligated to preserve the value of the estate.
having someone to look after it is within the ambit of that duty
there are no challengers to the will?

 

[sophiar]

Not at present.
My partners ex refuses to communicate with me and the child that he left a share of the house to is her child. So I can't ask her if it's ok to have someone in there. I'm extremely busy with a toddler of my own and don't have the time to be maintaining the house/land and also there is alot of rubbish that I plan on getting my friend to dispose of. I said that she could live there free, provided she maintains the garden and pays any costs for rubbish removal. The house has been unoccupied for 5 months, and I also read insurance companies can refuse to pay out when unoccupied.

I also told my friend, once probate is granted I will give her 60 days notice to leave. I plan on having this all written and signed before she moves in.

I believe it's in the best interests of both me and his daughter and the estate to make sure the house is occupied, and maintained.

 

[perjury]

This complicated matters
If the ex-partner's child is a beneficiary, and the ex act as guardian and tutor for her, she may seek a family provisions order
In this case the Court will appoint an estate administrator who will be responsible for the property
Ordinarily I think there would not be a problem with someone living on the property for the purpose of securing it, and improving it
this is something you would need to voice to the Court when time comes, and the the administrator
If the child's mother claims urgent needs for the child, the Court may order the property sold to satisfy family provisions needs, but all of that will liely take 3-6 months unless the claim is urgent (but Court needs to be convinced)
If the property ha an insurance policy, you need to read it very carefully
call the insurance company of your question is not answered
By the way, the information I'm providing generally applies in NSW, Vic and SA. Other states and territories are a bit different, and I forgot to ask which jurisdiction you are in.
I'm in NSW and therefore more familiar with laws here.

 

[sophiar]

I am aware the house will probably have to be sold. I was just hoping to have someone in there while we wait for probate and decide what is happening with the house to ensure the house is safe and maintained.

My friend is well aware that the house will likely be sold once probate is granted. I just want someone staying in there while I'm not ready to stay back there myself.