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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44333
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I was wondering which sort of lawyer I needed to deal with a

Customer Question

I was wondering which sort of lawyer I needed to deal with a letter I recently received. Several years ago my mother gave me money upon the sale of her house. I used this money to buy a house and she came and lived with me. She recently moved out and is now demanding the money be given back to her
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Tasmania
JA: Has anything been filed or reported?
Customer: I have received a letter from her legal aid solicitor requesting money
JA: Anything else you want the lawyer to know before I connect you?
Customer: no I don't think so
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 2 months ago.

Good Morning.

Was the money a gift or a loan?

Customer: replied 2 months ago.
A gift
Expert:  Leon replied 2 months ago.

Good Morning.

A commercial lawyer should be able to assist.

Do you have any paperwork that it was a gift?

Do you know if she acknowledged it in her will?

Customer: replied 2 months ago.
There is no paperwork for anything. She gave me a cheque and has recently changed her will since leaving the house
Expert:  Leon replied 2 months ago.

Good Morning.

You will need to contact the law society of Tasmania and ails them for a referral to a solicitor to assist you.

Aks for a solicitor that practices in Equity as you mum may also be claiming an interest in your home and her solicitor may register a caveat.

The law society of Tasmania's website is as follows

You should try and recall conversations you had with her at the time as this will be very important.

You say she has recently changed her will. The older will may be important if she had mentioned the gift in it. You should tell the solicitor everything you remember from the time the gift was given.

As there is nothing in writing it is your word against hers and the more details you can recall the better.

A solicitor that practices in the Equity Jurisdiction is what you need.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.


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