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29 June 2009 | Siblings argue over whether family home should be sold

A recent decision of the High Court has ordered the removal of a caveat lodged by a deceased woman's children over the family home after the executors of the Will (also children of the deceased) decided to sell the house outside the family.

The deceased had 14 children. 

The two administrators of her estate, who were also children of the deceased, entered into an agreement to sell their deceased mother's property to four of the other children.  The agreement was in the standard form used by real estate agents, and was conditional on the four purchasers obtaining finance.

The agreement was cancelled when the purchasing children could not get finance in time.

The four purchasing children had a caveat put on the title to stop the administrators selling the house to strangers.

The High Court refused to sustain the caveat, allowing the house to be sold outside the family.

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