I dont know what decision to make Hi all, I have a 12 year old strong willed and somewhat defiant daughter going to high school this year. We have been dealing with her fathers (my ex prtner) alcoholism for the last 5 years, we have tried to be supportive of his struggle, but ultimately his love for the booze out weighed his love for his child. seeing the effect this was having on my girl, I decided to sell my little investment unit in sydney and relocate to the north coast, to leave the stress behind in sydney. Then in September 2015, he finally managed to drink himself to death. thats the basic background, this is the actual problem...He willed his entire estate to his daughter to be in trust until she is 21. His family (sister) are the executors, and they have been overtly hostile towards me since they re-entered his life when he was admtted to hospital in 2013. the will allows them to sell his house for a loss or let is fall into dereliction without any come back. We would like to live in his house, but I know his family would say no, just to be spiteful. DO I spend my own money to battle this in court or do we cut and run.? Sydey has its advantages, but is t worth staying to battle this, knowing his sister will make it as costly and unpleasant as possible? Footnote: his family NEVER contact her or make any effort to have a relationship with her.. I am sad, angry, insenced.. the list goes on
10 Replies
I would fight!! It's his daughters right to the property
Hmm I'm not sure about this. It sounds like he wanted her to have it once shes 21, so it's not for you to live in now. Her family may dislike you but they wouldn't do anything to make your daughter suffer a loss _ UNLESS you pushed them and they felt it wasn't what the will wanted.
Basically I think if you leave it as is, she's more likely to get what's hers in the long run.
Perhaps contact them and offer that you're interested to upkeep the property to make sure it stays in condition for her until it becomes hers so please let you know if there's any maintenance.
They might soften when they see you're following his wishes.
the house has not been well maintained for a while now. it probably needs a new roof + lots of other repairs. my solicitor suggested that we put a proposal to his family, that I pay for repairs etc. and we be allowed to live in it (at least until she is 21). My daughter is very keen to keep the GOOD memories of her dad alive, and being near his friends and neighbours, who remember him before the alcoholism might be beneficial. I believe no matter what we propose, she will deny it to spite me. Even for something as little as allowing my daughter a memento from his house
honestly I'd let it go. Some fights are just not worth having and your daughters current wellbeing should be the priority. So focusing on her mental health, getting her settled in a high school etc. court cases can last for years and will probably mean a lot of attention directed on the case not your daughters current needs. Plus if you did win that would probably mean a change of school???
thanks for your answer. She is currently enrolled n Sydney. So by not getting the house we are paying massive Sydney rents, or would have to move to a rural less expensive area. I have no family support network, so all costs are on me
I wish you'd provided the info about what your solicitor said. Would probably have changed my answer
sorry, try to keep original question brief....there is so much info its hard to know what to put in and what to leave out. Has your answer changed?
I would follow the solicitors advice
To be honest you both deserve that house now!! Do exactly what your solicitor says and send her a letter. I'm crossing all fingers toes legs and eyes that it all works out in yours and your daughters favour!
thank you so much for crossing all your bits. your answer just lifted me out of a rubbish mood.