by flipch  12/03/2018  5 Comments  316 Page Views
Wills, probate, letters of administration, powers of attorney
Hi,

I am a small retailer who had a good relationship over the years with an older client who died a year ago.   I supplied goods and services over the years to the deceased and was owed for an item I supplied some months before they died.   

The estranged son is the executor of the the estate.   He has demanded proof of the sale.   I sent a photo of the item plus and invoice and an explanation of the ongoing help I had with his parent.   He will not accept what I have provided, and demands,

1. A copy of a signed contract
2. A signed record of monies paid to me
3. Signed evidence from the deceased re sums outstanding.

1. I haven’t been able to find any satisfactory evidence to suggest that there was a finance arrangement for the computer.
 
2. I believe that I have already requested a signed copy of;
 
3. a statutory declaration, signed & witnessed by a JP describing the claim. keep this factual, date specific and also be fully versed in the responsibilities of making a statutory declaration (and the consequences for making an incorrect declaration) "and then I will consider your correspondence further."

Some months ago after finally tracking down the executor, I sent him a detailed invoice, a copy of an email from the deceased asking for an extension of time to pay (no details of the item or amount referenced), and a photo of the item.

The amount owed is under $500 and I have never asked for or been requested to provide a signed contract for the work or the items I sell, and so have none in this case. I have always worked on word of mouth, and only asked for payment when service work or the supply of items was complete.   In cases like this with a pensioner I knew any progressive payments were agreed to verbally.

Are the executor's demands appropriate? As I do not have the evidence demanded where does that leave me?

Many thanks for any general advice supplied that has bearing on this.