Summary
A written document can serve as evidence of a gift in Victoria, Australia. Courts consider the documents authenticity, witness testimonies, and parties behavior. If a witness is deceased, their written statement can still be used. Tenancy in common shares are separate; your stepdads children can contest his share but not your moms unless theres undue influence or fraud. Consult a legal expert for personalized advice.Full Conversation
victoria australia
In Victoria, Australia:
- Gifts can be considered separate property.
- However, the court may consider various factors.
- It's advisable to consult with a legal expert.
For more specific advice, consider contacting Victoria Legal Aid at * * *.
tell me
In Victoria, Australia, written documents can serve as evidence. However, the court looks at:
- The authenticity of the document
- The intention of the parties
- The circumstances surrounding the gift
For more detailed advice, please contact a local legal expert.
more about extent
In Victoria, Australia, the extent to which a written document can serve as evidence depends on:
- The clarity of the terms outlined in the document
- Whether it was signed and witnessed
- The behaviour of the parties after the document was signed.
Consult a legal expert for a more comprehensive understanding.
what behaviour
In this context, behaviour refers to:
- Whether the parties acted in accordance with the terms
- Any actions that might suggest a change of intentions
- Compliance with obligations outlined in the document.
so what is a valid example
A valid example of behavior might be:
- If your stepdad continued to claim rights to the money after signing the document
- If he acted contrary to the terms of the gift in the document
- If he attempted to retrieve the money.
so what if he keeps saying that money belongs to him
If he keeps claiming the money, his actions could potentially undermine the document's validity. However, in Victoria, Australia, the court will consider:
- The document's authenticity
- Witness testimonies
- Any contradictory behavior
Remember to consult with a legal expert for advice tailored to your case.
so what if the witness death
In Victoria, Australia, if a witness to the document is deceased:
- Their written statement, if any, can be still used.
- The court may consider other evidence, like emails or text messages.
Remember to get tailored advice from a legal expert.
tell me
In Victoria, Australia, if a witness to the document passes away:
- Any written statement they made while alive can still be used.
- Other evidence such as emails, text messages, or other witnesses can be considered.
For specific advice, consult a legal expert.
i dont have any other evidence
In Victoria, Australia, if there's no other evidence:
- The court may still consider the written document.
- The court will assess the situation overall.
It's crucial to consult with a local legal expert for personalized advice.
can tenancy in comon be contrsted
In Victoria, Australia, a tenancy in common can be contested. Factors considered include:
- The terms of the agreement
- Evidence of the parties' intentions
- Any changes over time
For personalized advice, consult with a local legal expert.
so if my mom and my dad were tenancy in common with equal share. can his children contest my mom share again
In Victoria, Australia:
- If your parents had equal shares as tenants in common, each share is separate.
- Your stepdad's children can contest his share, not your mom's.
- It's advisable to consult with a legal expert.
how they cant contest my mom share
In Victoria, Australia:
- Your mom's share as a tenant in common is her own property.
- Your stepdad's children can't contest it unless there's a claim of undue influence or fraud.
- Consult a legal expert for personalized advice.
TRY ME!
Ask Your Question For Free