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Answered in 25 minutes by:
6/28/2010
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
VerifiedHello Maria. The legal position is that your sister is holding the property as trustee for herself and the other two sisters. As trustee she is under a very strict legal obligation to carry out the terms of the trust as set forth in the Will. So, the simple answer to your question is that if she doesn't move out and co-operate in the marketing of the property to get the full market value, you can take legal action to, amongst other possibilities, have her removed from the property and removed as the trustee. She would also be responsible for any costs and expenses caused by her behaviour, including legal costs. /// But I would be surprised if it ever got to that stage. If she is being awkward you would get a solicitor to writer her a letter pointing out her legal obligations and threatening legal action if she did not comply with them. This really should be enough to get some sense into her. But if it is not, then you could take legal action, and I would be confident that such action would be successful based on what you have said. /// I think this probably answers your questions, but if there is anything else please come back to me, I am happy to address any further concerns.
I said if you believe she is not going to co-operate then you would be best getting a solicitor; but you could establish this yourself before going to a solicitor, that is, you could write or speak to her yourself pointing out what I have said, before seeing a solicitor. But if you know she won't vacate/co-operate then you may just have to see the solicitor without going to her. /// What notice she gives re the day care centre is really up to her; it is not a concern of yours - her obligation, strict obligation, is to ensure that the terms of the trust are carried out - she is legally responsible for that, how she goes about it is up to her. /// Selling the property is her call, but she must do everything to maximise the sale price - so you might have to check how she goes about it.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
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