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Case Review: Niece enforces rights under Will after 8 year delay

The deceased is the aunt of the inquirer.  The aunt died with no relatives except for two nieces.

She died without a Will and the nieces take under the Intestacy Rules.

The death occurred ten years ago and one of the nieces took out Letters of Administration but did not administer the estate. She moved into the property (which is the major asset worth some $3 million) and has lived there ever since.

The inquirer wants her inheritance.

This is not a challenge to the Will as the inquirer is happy with her share but she wants her inheritance.

In order to claim her inheritance, she will need to either have the executor removed, and then bring about a sale of the house herself, or she will need to take legal action to have the executor exercise her obligations under the Letters of Administration, wind the estate up and give a half share of the house to the inquirer.

The inquirer will also ask for damages, interest, and compensation for the fact that the executor has been improperly living in the house.