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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44675
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My brother and I are the executors of my fathers will. Re:

Customer Question

Hello, my brother and I are the executors of my fathers will. Re: my sister and her husband are land clearing at lot 6,***** Derby WA, and said that they have an order from the Derby shire rangers to do the clearing, without asking us nor approval to do this work. She says that she pays the rates, this is her block and she will do whatever she want on the 10 acre block. They are clearing everything, cars, steel, scrap metal, windmill parts, trees - everything. Her husband assaulted our caretaker - I told him yesterday to go to police station to report the assault and have him charged. She has not sought permission to remove personal property and vehicles from this block. She refuses to speak to me on the phone. I asked my brother to call her and she refuses to talk to him also. I asked my mother to ring her and tell her to stop, but my mother will not, I asked my sister Cecilia to ring her and tell her to stop, and don't know if she has or not. I want them to stop what they are doing because we are going to be left with a big dust bowl, and people want their property back, some of the cars are registered.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Derby, Western Australia
JA: Has anything been filed or reported?
Customer: I rang the Police in Derby, yesterday and this morning, they went out to block this morning, but my sister or brother in law told them they have the order from the rangers
JA: Anything else you want the lawyer to know before I connect you?
Customer: I also talked to the rangers in Broome and they said that doesn't sound right because the block is freehold and we are the owners in common, my sister should've sent us the mail from the shire, I had a contractor waiting to work with us to do the work, but we were not going to just bulldoze everything, we had antique cars and motors there and they just destroyed or removed them. The people who were driving the truck that they loaded the cars on were seen helping themselves to our caretakers property outside the block I
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 10 months ago.

Good Afternoon

If it is in your fathers name then it is part of the estate and she cannot do what she wants.

It appears she is trying to claim the land under adverse possession.

The caretaker should report him to the police for the assault.

You should also report their actions to the council .

If the items have a value then you can ask her to pay it back to the estate.

You can also get an order to stop her and her husband going near the property.

The caretaker has to report the assault and also the theft of his own items.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Expert:  Leon replied 10 months ago.

Good Morning.

Just checking to see if there is anything else I can assist you with? If not than you for using my services and take care