The maker of a will normally appoints an executor. Your executor manages your estate when you die. If your estate is challenged, legal fees are paid from the estate. Nerida was the executor of the estate of her father. Two properties were in the estate. One in Pindimar and the other in Breakfast Point. The father had a de facto partner. The de facto lived in the Pindimar property but also stayed at the Breakfast Point property. Nerida wanted to sell the Breakfast Point property to pay for legal costs of the estate. The de facto applied to the Supreme Court of New South Wales to stop the sale of Breakfast Point.
The de facto argued that the Pindimar property did not have access to shops, medical services and her church. This raised concern about her safety in a rural area. Under the will, the de facto was given the Pindimar property. She argued that as the father’s loving partner for 20 years, that the change in this provision to the Breakfast Point property would be appropriate. She also stated that the deceased said that the Breakfast Point property was for her family. To pay for the legal costs, she was willing to sell the Pindimar property.
Nerida argued that there was no urgent need to change the property and the de facto had a weak argument. She had a roof over her head and adequate income. Nerida further argued that the funds in the Estate were quickly depleting. This warranted the immediate sale of Breakfast Point.
The court can make orders in relation to property in an Estate. If it is satisfied that it is more convenient for the Estate for this to be done. The court favoured the de facto’s solution. The sale of Pindimar property would resolve the need for funds for the Estate. The court ordered that the de facto vacate the Pindimar property so it could be sold and permitted the de facto to live in the Breakfast Point property.
