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Answered in 5 hours by:
3/30/2011
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
Verified<> Can he prevent the hostile four siblings from entering the home and can he prevent the contracted removalists from removing his possessions. He has not been given any formal notice to vacate the house. <>
Any of the six siblings who opposed the sale of the home could have put a stop to the executor's plan simply by placing a caveat over the home and seeking a Court order to restrain the executor from taking action to sell the home.
As settlement hasn't occurred yet, it may not be too late - but keep in mind if the sale doesn't proceed there will be penalty fees payable to the purchaser and those fees will eat away at the estate and diminish it.
The best course of action at this stage sounds like the sale should simply proceed. As for removing the sibling who wants to stay, if he rings the police they will come to the house - they will probably tell you that the Court will need to sort this matter out. I do not believe they would assist in removing him from the home.
If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Any of the six siblings who opposed the sale of the home could have put a stop to the executor's plan simply by placing a caveat over the home and seeking a Court order to restrain the executor from taking action to sell the home.
As settlement hasn't occurred yet, it may not be too late - but keep in mind if the sale doesn't proceed there will be penalty fees payable to the purchaser and those fees will eat away at the estate and diminish it.
The best course of action at this stage sounds like the sale should simply proceed. As for removing the sibling who wants to stay, if he rings the police they will come to the house - they will probably tell you that the Court will need to sort this matter out. I do not believe they would assist in removing him from the home.
If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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