Case note: Damou v Damou & Anor [2025] VSC 14
A common problem faced by executors and administrators of deceased estates is how to deal with people continuing to occupy a property owned by a deceased person. Often, the occupier of the property is a child or relative of the deceased who has been given informal permission to stay in the property by the deceased, instead of through a formal lease with rent being paid.
A recent decision of the Supreme Court of Victoria (Court) in Damou v Damou & Anor [2025] VSC 14 (Damou) highlights the issues that executors and administrators ought to consider before commencing proceedings seeking the removal of occupiers in those circumstances.