SA Reimbursement of Trust Fund Money - Get Lawyer or Judge?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


30 July 2015
My sister was in charge of a trust fund for her 3 sons and my son. She took it and opened a shop which went bankrupt and my son has never seen his share which would be about $40,000. My uncle is very ill and has been given 1 month. In his will she will receive an amount of about $75,000.

My question is, can we get a lawyer to put a stop on her getting this money until she reimburses my son and he gets his share or would we have to get a judge to do this?

winston wolf

Well-Known Member
21 April 2014
This isn't really my speciality but here's what I would say.
Firstly what she did was highly inappropriate!
Just think of it this way. Your sister owes your son 40K plus interest.

Did she actually go bankrupt? If so you may need to get in the line to get your sons money.

You need to make a claim on you sister to reclaim the funds she misappropriated from your son (if he is an adult he should do it)
Don't make the claim to soon if you think you uncle could change his will to stop your claim. Otherwise do it ASAP.
You will need a lawyer to do this.
If she's smart she will pay out straight away.