The property is located in Euberta, near Wagga. Photo: Inglis Rural Property.
Warning: This story mentions an attempted suicide and family conflict.
The NSW Supreme Court has ruled that a man occupying a property in Euberta after his father’s death must vacate the home to allow his mother to live there until a court dispute over a deceased estate is resolved.
The court battle is over the estate of John Leslie Boreland, who died at Wagga Base Hospital in April at age 81, after suffering from gastric cancer.
According to the published decision, John Leslie’s son John prevented his 78-year-old mother Robyn from living at her Euberta home after his father’s death, even though John Leslie’s final will gave her the right to live there. Euberta is a small farming town 17 km west of Wagga.
Mr Boreland married Robyn in 1976. The pair divorced in 1987 but remained on good terms, continuing to live in the same house (while sleeping in separate bedrooms). The couple has two children together – Lucinda and John, who was named the executor of his father’s will and is now battling his mother in court.
Robyn lived with her ex-husband at the Euberta house at the time of his death, along with her daughter from a previous marriage – Sharron McCartney. The 114-acre property includes a four-bedroom house and a two-bedroom cottage.
After a falling out, John Leslie and Robyn had no contact with their son John from December 2017 until December 2024, when the son reignited contact with his father, visiting him in Concord Hospital while he was being treated for gastric cancer.
Robyn alleges her son John was “intimidatory and aggressive” towards her since coming back into their lives.
In April 2025 Robyn attempted suicide a few days before her husband’s death and was treated at Wagga Base Hospital. After her discharge from hospital, she went to stay with her daughter Lucinda in another town to hide from her son John.
In his final will, John Leslie provided the Euberta property (house and cottage) as life-estate to Robyn and Sharron, giving them the right to live there for the rest of their lives.
However, after his death, his son John refused to allow his mother to return to the Euberta house, before eventually allowing her to live in the cottage with Sharron.
He also installed CCTV cameras in the property and removed all Robyn’s personal belongings from the house. He said he did this in his capacity as executor of the will, even though he hadn’t applied for probate – where the court determines the validity of a will.
The published decision also stated that John (son) organised his father’s funeral in Harden, only informing his mother of the time, date and place one hour before the ceremony was due to take place. She was in Wagga when she found out and didn’t have time to get to Harden for it.
The matter was determined by the NSW Supreme Court. Photo: Michael Harris Photography.
Robyn asked the court to grant temporary orders allowing her to live in the main house until the probate was granted and the estate dispute was resolved. She has also asked for her son John to be stripped of his role as executor of the will.
Her son John argued that Robyn should have to remain in the cottage and had no right to occupy the main house before probate was granted.
“On the evidence presently before the court, [Robyn] has a strongly arguable case that the administration of the estate is in jeopardy and the appointment of [her son John] as executor would not promote the orderly administration of the estate and the welfare and best interests of the beneficiaries,” Judge Mark Richmond stated in his decision.
“[Robyn] is 78 years of age, in poor health, and reliant on her daughter Sharron, who acts as her carer. While [her son John] is prepared to give an undertaking to permit [Robyn] and Sharron to occupy the cottage, I am satisfied on the evidence that the cottage is not a suitable place for them to live together for a lengthy period.”
Judge Richmond noted John (son) resided in Jindabyne and did not intend to move back into the Euberta property, so was not disadvantaged by this arrangement.
The judge ruled John was to leave the property by 5 pm Monday 7 July and that he do “all things necessary” to ensure his mother Robyn could move into it by the same time and date.
He also ruled that John was not to try to enter the property or make contact with his mother until the probate matter was decided by the court.
If you or someone you know needs help, you can contact:
Lifeline’s 24-hour crisis support line – 13 11 14
Suicide Call Back Service – 1300 659 467
Kids Helpline – 1800 551 800 or kidshelpline.com.au
MensLine Australia – 1300 789 978.
I definitely think the Griffith viewers are the winners here. The Sky After Dark mob are of no… View