A client was having difficulty completing the administration of an estate.
A house had to be sold as it was the only source of funds to pay estate debts, however, a beneficiary living in the house refused to leave.
Rather than incur the time and expense of forcibly claiming possession through the courts, I proposed a different strategy. I applied to QCAT for orders which gave my client the right to claim possession of the property. We were then able to negotiate with the beneficiary regarding the payment of estate debts.
My client saved a significant amount of money in estate administration; which ultimately prevented the house from being sold, and allowed the beneficiary to remain in the property.
The orders obtained from QCAT are not commonly used in estate matters, but the results speak for themselves.
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