SA Deed Witness forgery

[LaicieDaze]

Hi guys,
I signed a Deed of Family Arrangement almost 20 years ago, and was told by the executor I could sign it without the witness being present.
I later found out that the executor had forged not one, but two witness signatures (same forged name).
The 'witness' in question has agreed to sign an affidavit stating he didn't sign anything, and I will be as well, as I hadn't even met the person at that time.
My question is, can the deed be voided if there is proof of a witness' signature being forged? Also, if it went to court, would I need a forensic handwriting analysis expert to go over the document? I have letters from the forger to analyse handwriting.
Thanks in advance.

 

[perjury]

What is the significance of the witness signature being forged 20 years ago?

 

[LaicieDaze]

Hi perjury,
Thanks for replying.
The reason I'm asking is, and it's actually a long story, when our father died, my sister and brother were made co-executors of the estate per our father's last wishes.
No sooner did my sister obtain probate, they both had a lawyer draw up a Deed of Family Arrangement.
The other siblings (three of us) were never kept up to date with anything since our Dad died, and this was just another layer of the secrecy.
Unfortunately, back then I knew nothing of legal proceedings or what it entailed going through the processes.
Executor 2 (brother) told us we had to sign the house over to Executor 1, or else they would be in trouble with the bank.
My other sister was a bit suspicious and queried this, but their lawyer or conveyor (she wasn't sure what title he had) insisted it was merely a formality and the house would be signed back over after it was settled.
So the three of us signed it, with no legal advice (apart from him lying to us) or representation . Exec 2 said it was okay to sign the deed without a witness and me being ignorant I did, as did my other brother later on.
We never received any documents or updates, and only found out a few years ago what was actually laid out in the Deed fully (they'd hurried us through the reading of it as if it was urgent to get it done asap). The only way we found out was when my sister saw the Deed on Exec 1's kitchen table and took some quick photos, otherwise we still would probably be oblivious.
She consulted with a lawyer and after he went over the Deed, said that any lawyer with an ounce of integrity and respect wouldn't touch it with a ten foot pole. He also said that it was fruitless to take it anywhere regarding the forgeries. So we thought our hands were tied.
There have been so many lies and wrong doings with those two, I'm still reeling in shock.
I know we probably wouldn't stand a chance getting a judge to hear our case after so many years regarding the arrangement itself, but since fraud is a criminal act, I thought going down that avenue could be more prudent as there's no statute of limitations.
Sorry for the long post. It's pretty hard to sum it all up in anything but a book lol
I just want the Deed rescinded if that's at all possible. We'll be consulting with lawyers soon but right now I just want to gain as much information and knowledge as I can.
Cheers.

 

[perjury]

Firstly a deed has no legal value without a witness unless there are special circumstances, which in this case there are none.
I don't know what was in the will, but "trouble with the bank" is called creditors.
settling creditor accounts would have been part of the probate where the executor would have had the duty to do that, and beneficiaries have no part in that
again, I don't know the circumstances, but deed of family arrangement is questionable where there are provisions in the will

 

[LaicieDaze]

The house was paid off years ago by Dad, he had a prepaid funeral plan and everything was basically in check.
Also Executors 1 and 2 were beneficiaries along with the rest of us, therefore wasn't Exec 1 obliged to renounce her Executorship after disputing the will? Isn't that a conflict of interest? We were all basically in the same financial boat at the time, and Dad had left the estate and assets to all 5 of his children equally. He'd even discussed it with us before he passed and everybody was in agreeance.

They also "borrowed" $7800 from me to 'get the bank off their backs' and stop the threat of forclosure, which we found was a lie. Unfortunately the loan wasn't put in writing. I know, I've learnt some very costly lessons through all of this. I'm in the process of hopefully trying to obtain my bank records from that time. It should show the transaction between me and their conveyancer. Not sure what good it will do, but it goes towards the character of the very people I thought I could trust.
I later discovered through finally reading the deed that after the beneficiaries had gifted her the house, the money was used by Exec 1 to enter into a contract with herself to purchase the house, the consideration being $7,000, and also to pay the funeral costs (although as I said our father had a prepaid funeral plan), debts, testamentary expenses and the cost of the deed including the contract and transfer costs. The remainder was to go to Exec 2.
The beneficiaries never received any assets such as sentimental things promised to us individually by our parents. We also never received independent legal advice nor was it ever recommended by their lawyer, although it states as such in the deed. If we had, we certainly never wouldve signed such a thing. Plus I couldn't afford a lawyer by then because they'd taken the last of my money. Ironic.

 

[perjury]

No, the executors had a responsibility to distribute the estate to the beneficiaries according to the wishes expressed in the will

if the house was unencumbered, what foreclosure?


1. Do you have a copy of the will?

2. Do you have the copy of the deed?

3. first you need to write up a chronology of events

4. You need to write a brief of the matter, basically what you wrote here, but in one succinct document

I am not giving you legal advice, but you my be looking at criminal charge of fraud

 

[LaicieDaze]

There was no foreclosure, they lied so they could make it seem like if it wasn't paid the bank would take the house. That's why I sent them the money. They knew I'd send it as I have an emotional attachment to the house.
They've lied, manipulated and acted in secret to obtain financial gain and exclude the beneficiaries of any rights pertaining to the will.
The claims I've researched that correspond to everything they've done are
●Fraud/forgery
●Breach of contract: No disclosure of legal docs to beneficiaries
●Misrepresentation
●Mismanagement of the estate
●Conflicts of interest
●Misconduct
●Unconscionable conduct/Intent to deceive (conveyencer)
●Misleading
●Undue Stress
●Undue influence
●Conduct Amounting to Devastavit
●Breach of duty of Care
The Executor has a fiduciary obligation to the beneficiaries of the estate to act in their best interests
●Beneficiaries had no knowledge of the legal system or of time limitations

I obtained a copy of the original will from the Government website the other day, but I couldn't find anywhere to download the Deed of Family Arrangement. All we have are the photos my sister managed to take. Exec 1 says she 'doesn't know where they are'.

She has agreed numerous times in a family chat group online that she's more than willing to transfer the house to all our names again, but she's been dragging her feet saying she wants to wait until we're all sitting around the table to talk about it (my brother/Exec 2 is in prison until Dec)
We don't want to be in the same room as him as he's been violent to us in the past, and she knows it. Funnily enough, we know he's been heavily involved in all of this but the paper trail (apart from the forgeries) all lead back to Exec 1.
We know she has no intention of doing what she says.

Regarding a brief, would I need it to be a formal document (legal lingo) or just a layman's account of the situation?
Thankyou for helping me with this nightmare, I wasn't sure where to turn as we thought all hope was lost.
I guess the next step is to take all we have to a lawyer and hope that they accept and represent us.
We have limited funds, but if I need to clean out my account I will. This is my family home, it's my Dad's memory and reputation they've smeared, and the emotional toll it's put on us is heavy.
Again, thankyou perjury. Your help is greatly appreciated 🙂

 

[perjury]

a lawyer will ask for $20-30,000 up front to be deposited in the trust account

the brief is not a formal document. it sets out the basic facts of the matter

chronology is very important but many lawyers don't have it produced until before a hearing

law is not complicated, but is made complicated by the legal profession...because that is how they earn a living

I understand there are five siblings...will you lead the legal action (case) on behalf of the other two?

If you decide to lead, the three of you will become plaintiffs and he two executors will become defendants

what level of education do you have, and what is your trade or profession? this may enable me to better explain how you need to proceed

you will need to download some legislation. if you are in NSW, they are

Probate and Administration Act
Succession Act
Evidence Act
Oaths Act
Uniform Civil Procedure Rules
Supreme Court Act
Supreme Court Rules