A mother died leaving her house to her four children, and appointed one of her children as

executor.

The executor promptly moved into the house and has lived there for 3 years and refuses to

sell the property.

The other children are now fed up and have decided to exercise their rights.

In any adjustment of the estate they will be claiming rent, and interest on that rent from the

brother who is living in the house.

As the exemption period from capital gains tax has expired, if the Commissioner of Taxation

will not extend the period within which they may sell the house free of capital gains tax, they

will sue their brother for any extra capital gains tax due to the late sale of the property.

They will need to make an application to the Court to seek orders that the brother vacate the

property and sell the property, and/or make application to remove him as executor.

00683.6/CQ/VOG/201530/C/XXX/-/NON/AP/?