We have had a cemetery plot passed onto us by our mother prior to her passing away.

She passed away not too long ago.

Since then we have received a letter from the local government advising that they made an error in transfer this plot to her 10 years prior and that they shouldn’t have then passed it onto us.

They wrote to us saying that they were going to change it so 1/2 would be with 1 party and the other 1/2 would be with us. We were upset and asked "How could they do this to us?" Now they are changing it again, so we have nothing in our name at all and need permission from other relatives to use it.

They admit to making mistakes and now if we take it further we have to pay a barrister AUD00 to advise on what to do prior to a court hearing!

What would you do?

We have a purchased headstone for the person that recently passed away and now we feel like we are being ripped off! :(


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    We have had a cemetery plot passed onto us by our mother prior to her passing away.

    She passed away not too long ago.

    Since then we have received a letter from the local government advising that they made an error in transfer this plot to her 10 years prior and that they shouldn’t have then passed it onto us.

    They wrote to us saying that they were going to change it so 1/2 would be with 1 party and the other 1/2 would be with us. We were upset and asked "How could they do this to us?" Now they are changing it again, so we have nothing in our name at all and need permission from other relatives to use it.

    They admit to making mistakes and now if we take it further we have to pay a barrister AUD00 to advise on what to do prior to a court hearing!

    What would you do?

    We have a purchased headstone for the person that recently passed away and now we feel like we are being ripped off! :(


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      Hey.

      Long story short: every since I was a little kid growing up I always used to get cash in the mail from relatives (particularly my grandmothers) every birthday and christmas. My mother used to deposit this money in a savings account, and eventually it accumulated to well over 1500 dollars. In late 2007 there was a divorce and it’s still going through the family court. I now live with my dad and havnt seen or talked to my mother for nearly 2 years. I have always been aware of this money given to me by my various relatives, but I have never really cared about money until recently; I have gained a need for this money which should rightfully be mine since it was given to me.

      I originally contacted her by email last week and requested the money, but after a chain of emails going back and fourth between us, she is refusing to give me the money until I "start behaving." What she means by that is that I stop refusing to see/ talk to her which I simply won’t do. Today I took matters into my own hands and contacted Legal Aid, as well as taking a quick visit to my local police station. I am now filling out a Civil Claim and have a few questions regarding it, could you please answer as many of these as you can:

      First of all: I’m 15 years old, so as a minor am I allowed to lodge this claim?

      I was told by legal aid that I need 3 copies of the claim, one of which I have to deliver to my mother. Can I deliver this to her through registered mail?

      One of the other copies is supposed to be lodged to my local court, but what do I do with the 3rd copy?

      How much does it cost to lodge this Civil Claim? I think the lady from Legal Aid said it was 80 dollars, but I can’t exactly remember.

      If my mother chooses to defend this claim in the local court, what do you think my chances are of winning? She argues that as my mother she has responsibility over the money, but I responded saying that I have a right to my own possession, and as a parent she doesn’t automatically gain ownership of me and everything I own. Also, I indicated to her that even if she is my parent, I’m never planning to contact her again, and you cannot have responsibility over the money of someone you will never see again. If a parental figure should have responsibility over the money, then why doesn’t my Dad have responsibility over it since he’s the one that I actually live with? I don’t really know how the local court will respond to this issue, help is much apreciated.

      Thanks.


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        Mum died. The executor (Public Trustee) did EVERYTHING wrong. I then started getting calls from relatives…harassing and hang up. Threats because I was supposedly going to court. I had not even seen a solicitor! All lies. Then a brother got a letter from a solicitor saying I had started legal procedings. I hadn’t. So I had to go to a solicitor after a year of this abuse.
        He did nothing much I asked about stopping the abuse. Seven months later, he, without my permission, applied for me to take the inheritance that my siblings (and I) were to share.
        I had always said NO COURT.
        Now solicitor is fired…madman…and I need help to undo a court matter that even the court house refuses to take off the list.
        If I proceed, with or without a solicitor, and loose, I have to pay all the legal fees that everyone accumulates. The looser really looses. The inheritance will be totally gone, and I will be in debt if this happens.
        This is URGENT.
        Newcastle NSW.
        I’ve tried the phone book…it’s about 30 solicitors I’ve tried…not their field, not local enough, nasty, too expensive, can’t see the problem…you name it…..too many excuses why no one wants to fix a problem !

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