7 Aug 2019
SINCLAIR v SINCLAIR [2019] NZHC [2640]
- Citation
- SINCLAIR v SINCLAIR [2019] NZHC [2640]
- Court
- High Court
Court found plaintiff was mentally and physically vulnerable at time of transfer and that the transfer called for explanation; presumption of undue influence arose and defendants failed to rebut it because solicitor's engagement and advice did not emancipate plaintiff's will in circumstances where son arranged/was present, family dysfunction was evident and independent safeguards were inadequate; alternatively the transaction was unconscionable; accordingly legal title is held on constructive trust for plaintiff and defendants must transfer legal interest to him.