Deceased Estates & Winding-up

I received an enquiry from lady whose father passed away 5 years ago, and despite obtaining probate nearly 5 years ago, the executor has done much nothing to wind up the estate. In particular, the executor has failed to lodge a transmission application to transfer the father’s house to his name, and has left it empty for 5 years and falling into disrepair!

Firstly, our client will probably need to apply to lodge a citation requiring the executor to deliver the probate document to the court, and then apply to the Supreme Court to remove the executor and have herself granted letters of administrator with the Will annexed, so she can wind up the estate and distribute the assets to her and her sister.

It is likely that we will be asked to sue the executor for loss and damage suffered in the meantime.

Could be an interesting case.

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