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匯款可否依法取回?

旅居美國的有錢阿姨每年會匯款一萬美金資助母親當生活費,但並無白紙黑字言明給或借,但她有匯款單據,現母親已過世,請問於法上阿姨是否有權將餘款要回去?

Update:

答案是否定的。

正如你說的話,有沒有書面文件說,錢是禮物或貸款。

在法庭上,你的阿姨有責任證明是這樣的情況。

(不過,我會建議償還的那部分,如果你的阿姨問。底線,她是你的親戚,畢竟,她是不是要求償還一切。如果你拒絕,就意味著你失去了一個相對)。

1 Answer

Rating
  • Gary
    Lv 7
    9 years ago
    Favorite Answer

    The answer is no.

    As you said it, there is no written instrument saying that money is a gift or loan.

    In a court of law, your aunt has the responsibility to prove it is the case.

    (However, I will suggest to repay that portion if your aunt asked. Bottom line, she is your relative after all and she is not asking to repay everything. And if you refuse, it means you lose a relative.)

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