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NSW Claim on Estate - Motor Vehicle Sale

Discussion in 'Wills and Estate Planning Law Forum' started by byjiar, 6 August 2014.

  1. byjiar

    byjiar Member

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    I am executor and sole beneficiary of a deceased estate. I received a receipt as executor of will from a claimant written in their own handwriting with a supposed signature of deceased on it. The sale or contract for a vehicle supposedly took place 3 years ago. They claim they paid in full but never collected as the contract was conditional to work being carried out to the vehicle. This was never done by deceased and the vehicle was never handed over during deceased's life.

    The estate is verging on being impecunious and I am being sued for an amount that is now far more than the original sale price. They claim vehicle has gone up in value. There is a secured creditor and funeral expenses which leaves little to fight this case. I really need to sell car to clear funds for funeral expenses etc.

    The deceased did have a mental illness and I feel the claim is fraudulent. I need to know how I can prove this as the receipt seems to hold a lot of weight in terms of legitimizing the claim.
     
  2. Amanda E

    Amanda E Well-Known Member

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    How did they claim that they paid? For example, if they paid into a bank account, there should be a paper trail that you can ask the bank to verify.
     
  3. Tim W

    Tim W Lawyer

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    It's a matter for the purported buyer to show that the document is genuine and is not a product of fraud,
    and to show that payment in fact occurred.

    Also, if the contract was conditional upon certain work being competed,
    but it wasn't, then I'd be dubious that there is even a "deal" been made.
     

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