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I am a disability pensioner and have been unable to acquire

Customer Question
a lawyer for over 4...
I am a disability pensioner and have been unable to acquire a lawyer for over 4 years now since my family deceitfully stole all my life's savings - where do I turn?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Tasmania, been turned away from legal aid as they only cover you if you are a criminal!
JA: Has anything been filed or reported?
Customer: My parents who 's home I purchased in 2012 but left in their names in trust, recently went to court to sue the lawyer who performed a Deed of Indenture when I purchased their property who has recently died. They lost and received all costs. So they went bankrupt, now I have a trustee trying to throw myself, my wife and our 3 children out of our home as it is still in my parents name even though I have proof I purchased it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Applied for pro-bonno, was approved but the law Society unable to find a lawyer to represent us, we don't what to do, we don't even know how to represent ourselves.
Submitted: 5 months ago.Category: Australia Law
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Answered in 5 minutes by:
6/15/2017
Solicitor: Leon, Solicitor replied 5 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,062
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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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.

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Solicitor: Leon, Solicitor replied 5 months ago

Good Evening.

If you were successful why are you being chased for the costs?

Also if the lawyer was found liable their insurance should have covered the costs.

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Customer reply replied 5 months ago
My parents were being chased for their bankruptcy costs, as my home is in their name, the trustee wants to sell my home to pay their creditors. My parents lost their case against the solicitor and my parents were given all costs
Solicitor: Leon, Solicitor replied 5 months ago

Do you have evidence that you purchased it?

Did a solicitor act for you?

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Customer reply replied 5 months ago
when we had the Deed of Indenture performed by our lawyer at the time (Mr Peter Thiessen) he also had private notes which clearly stated we purchased property outright. I also Have many independent witnesses and also my Mother recorded on tape stating we purchased the property. I also have bank statements for the over $300,000.00 I paid my parents as well as other evidence
Solicitor: Leon, Solicitor replied 5 months ago

Good Afternoon

So you drew a cheque to your parents and gave them the money?

Your solicitor can also provide evidence that you paid for the property including providing evidence stamp duty was paid etc?

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Customer reply replied 5 months ago
The deed of Indenture was performed as after we paid my parents we had no monies left for stamp duties. Hence the reason a deed of indenture was performed and signed by all parties
Solicitor: Leon, Solicitor replied 5 months ago

So you are not the registered owner of the property?

Has the Deed been provided to the trustee in Bankruptcy?

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Customer reply replied 5 months ago
Correct, the trustee is aware of the Deed of Indenture, but as a disability pensioner I cannot afford a lawyer to represent me to deal with the trustee in our interests
Solicitor: Leon, Solicitor replied 5 months ago

Is the trustee ignoring the fact that you paid for the house?

Did you pay market value and is this evidenced with a market valuation by an independent valuer?

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Customer reply replied 5 months ago
The trustee has been nasty, unco-operative. I paid what my parents asked for. In my parents recent court case His Honour Judge ALLSOP CJ stated that in his view, the deed of indenture is absolutely enforceable and that he believes us to be the owners on our property and that my parents only hold the property in trust for us
Solicitor: Leon, Solicitor replied 5 months ago

If they sold the property on the market would they have received more or less than what you paid?

This is your biggest issue. If it was sold too you for less than market value the court will allow the trustee to claw it back and you will get the money you paid and nothing more.

You are protected the value you paid but if it was less than market value the trustee will sell it.

If your parents ran the risk of bankruptcy and did this to avoid creditors then the court will overturn the transaction and the house will be sold and you will get what you paid back.

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Deborah Awyzio
Deborah Awyzio, Solicitor
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Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

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