The applicant, the surviving spouse and residuary beneficiary of the deceased's estate, applied for the return of $125,000 transferred by the deceased to her son and daughter-in-law shortly before her death.
The court found that the $35,000 cheque to the daughter-in-law was a valid gift, as hearsay evidence of the deceased's intention was admissible and corroborated, rebutting the presumptions of resulting trust and undue influence.
However, the $90,000 cheque to the son was not proven to be a gift, as the son's evidence lacked corroboration and contained inconsistencies.
The son was ordered to return the $90,000 to the estate.
