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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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I'm living in the family home all my life, parents just past

Customer Question

I'm living in the family home all my life , parents just past away , the will say 3 ways equal , I'm the only one living there and have never paid rent but paid all bills and maintenance, can my brother charge me rent before the supreme court has given approval on probate and issued the deed in our names ?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Is your brother the executor?

Customer: replied 1 year ago.
All 3 of us are
Expert:  Patrick H. replied 1 year ago.

Hello and thank you for your question.

If he is only a joint executor he cannot on his own force you to pay rent etc, though with the support of the third sibling could demand it. Alternately he could, as a beneficiary, apply to the court for orders in which case the court will likely require rent be payable a reasonable time after probate is obtained. Essentially the court is unlikely to order you to pay back rent and likely will only require you to pay rent after you have been given a reasonable opportunity to find alternate accomodation, after which, if you choose to stay, you are likely to be held liable to pay rent to the estate reflecting the commercial rate of the property.

I appreciate this is not quite the answer that you were likely hoping for, but it does reflect the law as it applies to your situation.