Can I use the TESTMONY ACT to recover written IOU's and loans made to a friend who has just died and does not have them written into his WILL.
Writing to the executor who refuses to accept the copy of the signed and dated IOU. Plus the copies of bank deposits into the deceased account nor accept the word of our account who had recorded the loans for IRD purposes.
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I think you are referring to possibly the Evidence Act. But if you have written evidence of the debts, then you should get the information together and make a claim depending on the size of the debts, in either the District Court or the Disputes Tribunal. The disputes tribunal has a maximum claim of $15,000 and the district court has a maximum claim of $200,000. You can sue the estate. There is no problem with this, but you may want to discuss this with your lawyer to help you make the claim.
The other act you might be referring to is the Testamentary Promises Act. That possibly could help, and again I recommend you discuss this with your lawyer.
Sorry I spelt word wrong it was testamentary. I have already been told by community law centre that dispute tribunal don't do claims for collection as this would be classed. So I cannot give you a satisfied response to be told to discuss it with a lawyer- sorry....
The Disoputes Tribunal cannot handle debt collection claims. But if this is disputed then the Tribunal does have the power to handle this. That is the issue, and if the Community Law Center told you otherwise they are wrong. You can sue the estate in the Tribunal for a disputed claim. I would not recommend anyone bring a claim under the Testamentary promises Act without a lawyer as this a complex case and need understanding of the law and experience. So I am sorry that you thought this was poor service, but that is what the reality is.
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