Dad died last year, left his home to me and my brother. He wanted one of us to keep it. He did not want it sold. His first Will left it to my son (8yrs old), but he wrote another leaving it to me and bro. I promised dad we would not sell it, Id buy bro out and dads home becomes my IP #3. (a keeper of course). Dad was OK with this as he understood we could not move into his home. (we have our own) Bro wants to auction for max cash, I want to carry out dads wish to keep property in family, & buy bro out. Bro has rejected my offers. Brother told me he can take me to NSW Supreme court to force me to auction. Is this correct, and what justification does he need to do this? Moving forward, I need strategy advice. My offers so far have been verbal, ill put one in writing, so we can show court we made reasonable offers and my bro is being unreasonable. Im not thinking straight, im all messed up with this issue. I see buying out bro as win/win/win, all boxes ticked. 1/ Dads wish carried out, house still in family 2/ another IP for family, eventually handed over to my son, (dads first wish) 3/ Bro with pocket full of cash.