SA Property Law - How to Request Personal Property Back?

[kezza59]

My elderly father gave my niece a dinner set that belonged to my great grandmother, grandmother, mother and then was to be mine. My mother has dementia and is in a nursing home and I have just found out he gave it to my niece without my knowledge, as there has been a huge falling out within my niece's family.

I want it back and want to know the correct way under property law of approaching this. She has had nothing to do with my family for 3 years now and we don't talk.

 

[Rod]

Legally you may not be able to get it back.

Your father and mother have joint property. Your mother is not able to make decisions and your father can make decisions on her behalf if no-one else has Power of Attorney for her. A gift once given cannot be legally demanded back. If it was a loan for a particular family event you may have a chance and would have to go to court if the niece refuses to hand it back.

 

[kezza59]

Hi,

I do have power of attorney for my mum, would this help?

I would like to write her a letter requesting it back, but would like to word it professionally and legally to at least try, can you help?