Suspect a fake document submitted as liability in probate in p

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Janine Cody

Member
20 January 2020
3
0
1
My sister and I are joint executors and beneficiaries of our parents estate. My (older) sister always took on the roll of 'provider' if my parents needed help with property maintenance but it was no big deal until now, 6 months after my mum's passing. I lived with my mum for about 14 years until her death. In the latter years, I was a full time carer as she deteriorated rapidly.

Now 2020... my sister submits a document of "personal loan' between her (the Lender) and our mum (the borrower) for $300,000 which is for monies paid for a variety of reasons over many years...... huh??? My mum was conservative in her life style and very budget conscious. In any case, mum would have told me if this document existed.

There is no doubt in my mind and in the mind of my children that the (word) document is falsified. It shows my mums signature (obviously faked) and the signature of a witness with whom I have a close relationship. She denies ever having signed this and is mortified that her name and signature appear on this document.

Where do I stand?. I need to prove that it is faked. By the way, my sister is an artist... a very good one that can draw portraits, free hand!
 

Rod

Lawyer
LawTap Verified
27 May 2014
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What State are you in?

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Jacqui Brauman

Well-Known Member
15 January 2016
53
20
264
Victoria
www.tbalaw.com.au
Many factors here. You will need a separate solicitor to act for you, other than the estate solicitor who is acting for you both as executors.
It will be a separate action to challenge the loan agreement. You will need to decide whether you take preemptive action, or whether you wait until she tries to enforce the loan.
You will need an affidavit from the witness that they have never seen the document before and never signed it.
You may need to engage an expert for the handwriting analysis of your mother's signature.
You really need to work out a strategy to approach this one with a solicitor.