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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I BORROWED $62000 FROM MY MOTHER SETTLEMENT WHICH SHE PUT IN

Customer Question

I BORROWED $62000 FROM MY MOTHER FOR DIVORCE SETTLEMENT WHICH SHE PUT IN HER WILL TO BE DEDUCTED FROM MY SETTLEMENT AND GIVEN TO MY SISTERS. AMONGST HER PAPERS I FOUND, IN HER OWN HANDWRITTING AND DATED, WERE SHE CHANGED MY DEBT TO A GIFT TO BE ELIGIBLE FOR THE PENSION ( FINANCIAL ADVISOR AND SOCIAL SECURITY ADVISED HER) PLUS ON HER LAST TAX RETURN IT HAS CHANGED FROM A DEBIT TO A CREDIT. ONE SISTER HAS RETAINED A SPECIALIST ESTATE LAWYER WHO SAYS THIS IS INSUFFICENT PROOF TO REMOVE MY DEBT. WHERE DO IN STAND LEGALLY IN RELATION TO A GIFT AS I WILL HAVE TO MAKE A CLAIM IN A COURT APPLICATION. BASICALL WHAT CHANCE DO I HAVE. THANK YOU TONY
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Was it down before or after the Will

If you wish to contest the will you need to have your own lawyer.

Had you had any discussions with her about forgiving the debt?