The decision concerns whether withdrawals made by the respondent, Laura Giacomelli, from joint bank accounts shared with her late mother, Giuliana Buffa, constituted valid inter vivos gifts or were subject to a resulting trust in favour of the estate.
The court found that the respondent had rebutted the presumption of resulting trust and that the gifts were valid, not the result of undue influence or unconscionable procurement.
The application for a declaration and tracing order was dismissed.
