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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22831
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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my mother has stated in here will that I owe her $30,000 which

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my mother has stated in here will that I owe her $30,000 which I was never lent and the lawyer acting for my mothers estate when advised of this basically said too bad get independent advice. This is the same lawyer that made up the Will. It seems strange that my mother can simply state this and it is accepted as fact both when the will was made and now some 12 years later when she has died.
There are three beneficiaries' each supposedly to receive a third each except now in my case a deduction will be made for a loan never made.
Should the lawyer who made the will have checked this t the time and it seems a little difficult to prove something did not happen 12 years later

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : The lawyer would normally take her word for this. But you can challenge this and claim against the estate. You would need to see your own lawyer and place the estate lawyer on notice you challenge this and if necessary bring a claim in court.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you
Customer: replied 4 years ago.

Thanks for that can the beneficiaries agree on a distribution even if the will does not allow for this to happen, ie can my brothesr all agree that the loans have been repaid or never existed and instruct the lawyer in charge of the estate to distribute funds equally.

if we cant agree what is the next step?

You certainly can do this, and the process is quite common. The agreement is called a Deed of Family Arrangement and would enable this to be fixed within the family at fairly modest cost.
Customer: replied 4 years ago.

So do I understand this correctly we as a family instruct the solicitor in charge of the estate to draw up the Deed of Family Arrangement, I assume all beneficiaries would have to instruct the solicitor or can two of the three brothers in my case ask that it be drawn up for the third brother to sign.

I assume the costs are born by the estate.

The brothers can ask and then get your other brother to sign, or all of you can ask, it doesn't really matter.
Customer: replied 4 years ago.

Just to be clear would this be done by the estate lawyer of would it be best done independently and then given to the estate lawyer for action.

Is it ok to be done indecently if estate lawyer not comfortable with it.?

if all agree the estate lawyer can do this. But if he feels there is a conflict then ask an independent lawyer.
Customer: replied 4 years ago.

I'm not sure if I can ask another question. But this goes back to the beginning. My mother having put two non existing loans in her will, is it now up to the estate to Prove they exist or is it up to the individuals to prove they didn't.

The estate should prove they exist.

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