Catchwords:
EQUITY – unconscionable bargains – elderly person, since deceased, gives power of attorney to his eldest daughter – she uses the power of attorney to transfer the deceased’s home to her own daughter, either for no consideration, or for named consideration of $900,000 – no formal security was given after the transfer of the property for the payment of the purchase price – deceased’s eldest daughter also transfers money out of the deceased’s bank accounts – these transactions left the deceased without the capacity to meet his nursing home outgoings – the deceased’s estate now seeks recovery of the property and an account of moneys transferred from his accounts – whether transactions were in breach of fiduciary duty, or unconscionable, or beyond the authority conferred by the deceased’s power of attorney to his eldest daughter.
FAMILY PROVISION – a mother of five children leaves a will which failed to make any provision for her eldest daughter, the plaintiff – after the death of the mother the plaintiff claims that she has been left without adequate provision from the estate of the deceased for her proper maintenance, education or advancement in life – whether the plaintiff has received money during the lifetime of the deceased – whether the plaintiff by her conduct has disentitled herself from making a claim upon her deceased mother’s estate – whether the plaintiff has been left without adequate provision from the estate of the deceased for her education, maintenance and advancement in life.
https://jade.io/viewArticle.html?aid=767011&pid=-1&h=1502666671