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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44389
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My question relates to legal advice regarding real estate.

Customer Question

Hello my name is ***** ***** relates to legal advice regarding real estate. My situation is that I live in Australia and my Dad left his house to myself and my brother ( Xavier ) .The land is on freehold land and one of my other younger brother and his family have lived on the property for at least 20 years. Recently on trip to Fiji my younger brother Williamthreatened me that if I don't make some repairs to the property he will then proceed to put the name in his name and fix the house up to then sell it.
So my question is, although the house has been written to Xavier and myself , is my brother William able to actually attain the house for him to then sell ?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Where is the property located, Australia or Fiji?

Expert:  Leon replied 1 year ago.

Good Morning

Under inheritance laws he cannot sell it unless he gets probate and complies with the will.

You need to get the will and see what it says and then make sure that the executor applies to have it probated and move froward form there.

If he does anything without probate it is illegal and you will have to sue him for fraud.

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