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VIC Alleged Personal Loan from Parents - Taken as My Estate Distribution?

Discussion in 'Wills and Estate Planning Law Forum' started by Elaine1957, 27 July 2015.

  1. Elaine1957

    Elaine1957 New Member

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    My father died 3 weeks ago, and my siblings and I are trustees of his will. My mother died 11 years ago. My sister claims that my dead parents told her that my parents gave me a personal loan 23 years ago when I purchased my home and never paid it back. And that this loan should now be treated as my part of the estate distribution. There never was a loan, they don't know how much the loan amount was, and there is no paperwork. What should I do?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Elaine1957,

    If its not true then stand your ground and insist that there was not a debt owing. If this alleged instruction to deduct from your inheritance a debt of unknown amount is not in the will then it doesn't stand. The testator's wishes must be in a signed written will for them to be valid. Based on what you have said, I don't believe such an allegation by your sister would stand up in court.
     

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