A shockingly bizarre and distressing situation

I can not see any definite timelines to a lot of the sequence of events however I feel like something is missing here, usually the whole probable process is slow and it seems inconceivable that this wife could go through a process that actually grants her the right to sell so quickly. We are missing some vital facts here but in reality at this point only a legal professional can sort it out.

 

Thats right, probate cannot be granted within 6 months of death generally.

 

Not necessarily true. As an Executor of a family member I have had a deed of Probate issued in 4 weeks after submission (ie 6 weeks after date of death). Estate was fairly straightforward and involved two properties.

 

@GX1 i suggest that your friend picks up the phone and contact a lawyer practising in estate claims (will dispute, family provision etc)

The Trustees according to you are involved so the line of enquiry should be directed to them. Everything else will be clear after that with respect to existence of Will.

As a child of the deceased, he can also apply for Letters of Administration in the absence of a Will.

Generally, legal fees of the plaintiff/s and defendant/s are paid out of the estate. They can be capped by the Court if the estate is relatively small.

My view: your son should see a lawyer ASAP.

This area of law is becoming very common. Some cases are in court for judicial advice even.

 

Re the sale of home, an injunction can be filed in the Supreme Court equity division BUT really your friend needs to give proper instructions to a lawyer and obtain proper advice before proceeding. Your friend is an eligible person under the succession act so all is not lost if he was to bring a family provision claim.