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F E Smith
F E Smith, Advocate
Category: Law
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My parents, both in their 80’s, forged a hand written

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My parents, both in their 80’s, forged a hand written document (a Deed) to embezzle me of the proceeds of sale of a flat.
The Deed had been forged in 2007 with the help of several younger family members who not only forged my signature, but also witnessed it. They are identifiable on the Deed.
The Deed caused extreme tension in the family as a whole, including several marriage breakups.
My father has now changed his mind and wants to correct a terrible wrong. He has produced an Affidavit, with the help of a solicitor, in which he confesses to what he has done and accepts all consequence.
My mother, who can barely read or write, is not backing down. In fact, it is the ‘other’ family members who are driving the whole claim in her name.
I now have no alternative to start court proceedings.My questions are as follows:
1. With the Affidavit in hand, will it do any good to report the matter to the Police to bring those responsible to justice?
2. I do not want to report my father now that he is on my side. Is that possible?
3. Finally, as I cannot afford a long winded court proceedings. Is it true that a judge will throw the case out in the absence of any evidence by the claimant and my father's affidavit?Thanks.
Customer: replied 7 days ago.
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Hello for clarification - this deed - this was home written and witnessed by family members is this correct?

and what was the purpose of this deed?

Customer: replied 7 days ago.
The hand written document was written in Arabic on a piece of notepad paper. The formalities of a Deed of Trust was not adhered to in any way. Then witnessed by my mother, my youngest sister (then aged 30), and my niece (then aged 17). It was given for translation before it was lodged with the Land Registry.
Customer: replied 7 days ago.
The purpose of the Deed was to claim that "I had gifted my flat to my mother in return for moneys that I have received from her".... it continues that "any formalities of the Deed was to be taken care of later". The Deed does not say when or how much.

I cannot see that reporting the matter to the police and Action Fraud would do any harm at all in respect of your claim. You would not be able to ring fence your father but as he has admitted the fraud, any penalty he receives will be much lower.

Cases rarely get “thrown out” unless there is a complete and utter lack of evidence and with the witness statement (it doesn’t need to be an affidavit) from your father, and with whatever other (handwriting report?) evidence you have, there is certainly enough for a court claim which you may win or lose.

If the Deed is written in Arabic, you are going to need a court approved translator to translate it and provide a witness statement as to the authenticity of it. However that deed does not apply in English law unless it’s written in English. That is why it seems there was a translation for land registry purposes.

Customer: replied 7 days ago.
Thank you. In last paragraph, can you elaborate on the meaning of "....provide a witness statement as to the authenticity of it"?

It’s unlikely that anyone in the court could read Arabic and therefore the translation could say anything so the translator will need a witness statement with a statement of truth (the witness statement just needs to be a couple of lines whereby they certified that it’s a true translation).

F E Smith and other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you.
Customer: replied 6 days ago.
Sorry to be of bother again. The other party have refused to release the original Deed in order to obtain a joint forensics report. As a result I did commission a report of my own which was overwhelmingly in my favour, but I had to use the copy of the Document. Considering that the witness statement is concrete, do you think that the court would still insist on a joint report? I just want to know if this is going to drag on. Thanks.

That speaks volumes. It’s highly likely that they know that if they do, they will be found out. I suggest that you threaten them (it needs to be in writing) that unless they release the original deed to your solicitor (it’s not unreasonable for them to refuse to release it to you because they will be concerned about it being tampered with) to allow forensic examination, you will make an application to court to compel them to release it and you will ask the court to award costs against them and those costs could be substantial.

There is no problem insisting on a joint report although forensic examination of handwriting can be of assistance but it’s rarely conclusive.