16 May 2008
SEXTON V TITIRO TRUSTEE COMPANY LTD AND ANOR HC AK CIV 2006-404-5666
- Citation
- openlaw-a86b4fde_901d_462e_a076_efb03d832e69.pdf
- Court
- High Court
The Deed complied with the statutory attestation formalities and is not invalid solely because a third party added witness particulars, but promises to gift in the future are unenforceable absent confirmation when the gift is to take effect (Morris). The contemporaneous gift evidenced by the Deed is voidable for undue influence because the donor was vulnerable and the donee abused trust; accordingly the trustee is liable to repay the sum advanced and the claim against the trustee for $108,000 succeeds, while no personal liability is imposed on Richard.