VIC Family Property Dispute with Father - Legal Options?

[sb1012]

Hi All,

So after my Mother passed away 6 years ago, my father and I drifted apart. Always had a very bad relationship with a lot of mental and emotional abuse. We reconnected when he had a heart attack almost 2 years ago. I'd helped him move out of the family home and down into a caravan park closer to me. He had given me items that had been in our family for many years as he didn't have the room and didn't want to keep them, such as family photo's, knick-knacks, records and the like.

So fast forward when he had recovered and turned nasty again because I wouldn't keep on lending him money for cigarettes. He's revoked the enduring power of attorney (but failed to revoke the medical ;-) ). Anyway, I received in the mail today, a letter from his lawyer at legal aid demanding I return the photographs, the suitcase the photos were in, a drill (which I never had) and an assortment of music records.

So I've done the nana and got all the stuff together for him, packed it at the front door ready to be dropped to him, minus the photos I wish to keep (which he did state in a text message that I could take what I want and give the rest back, and I've got copies of the messages), the suitcase and his assortment of records, minus the ones that were mine and some of Mum's favourites.

Ok, main question here is, the photos and records are family property. He gave them to me. Do I HAVE to give them back? If I don't, what legal options does he have, which the letter states he will consider taking legal action if I don't comply.

If I do, this will be the letter I will send... Can someone please take a look and see if it's appropriate and strong enough?

Dear ***

I refer your letter dated * regarding Mr * request of the below items to be returned to his residence at *. I also refer to the comments and accusations made in such letter being myself refusing to return the possessions. Mr *was advised I needed time to complete the scanning of ‘our’ family photos and was disobliging with the time frame needed. And he had not requested, but more so demanded them be returned abusively via text message in which I have copies of to support this.

1. Photographs of his deceased wife and family

· These will be returned by the due date on *.

2. A suitcase which contained the photographs

· This will be returned by the due date on *.

3. A drill

· This drill is not in my possession and never has been so therefore cannot be returned

4. An assortment of music records

· These will be returned by the due date on *.

Also please note, I request and demand no further communication once these possessions have been returned to Mr *.

From ****

Appreciate a reply and general advice. Thank you!

 

[Sophea]

Hi Sb1012,

If your father gave you the items as an outright gift, and not on loan or to store them for him, then no you are not required to return them. Do you have any evidence of the conversations that you had with your father before he gave you the items indicating the nature of the transfer of the property? If you really don't want to give them back you can simply write a letter stating this to his lawyers. You can also highlight that several of the items claimed were never given to you anyway. Out of the goodness of your heart you might want to give him copies of photographs if he really wants them.

 

[sb1012]

Thank you Sophea,

I have evidence in a text message of him saying the I can take the photo's I want and give him what's left. So that's what I have done. If he comes back saying there are some missing, I will state this to him, and if I'm feeling generous enough, I may copy some but they're mainly of my mothers side of the family so he would n't want them anyway. I have advised his lawyers that the items are now in my brothers possession to be returned to him by the due date.

I can't be bothered arguing over something like this with him. he can have them then get out of my life...

Your advice was much appreciated.