[Kim Mitchell]

Council has outstanding rates held in an estate. The executor which was the solicitor has retired and did not wish to deal with the estate, the office that the solicitor worked for therefore sent the matter to the public trustee, who advised the solicitors office that they do not intend to handle the estate and therefore it will be left to the individual creditors to take recovery action.

As Section 714 states that it does not enable the sale of an estate. Does the letter received from the solicitors office now enable Council to sell for 5 years unpaid rates ?

[Mchelle Morris]

Hi Kim
Section 714 relates to estates or interest of the Crown not deceased estates.
I would commence the recovery action and at least include this property in proposed sale of land. By doing a title search you will find the parties with an interest in the land. Did the Public Trustee advise if there were beneficiaries who have not been advised of the estate situation?

[Author]

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