The plaintiff, through her litigation guardian, sought the proceeds from the sale of a property she had previously transferred to her late son for nominal consideration.
She argued the transfer was subject to a resulting trust or was unconscionably procured.
The defendants, the son's estate trustees, argued it was a valid inter vivos gift.
The court dismissed the motion, finding the evidence of the plaintiff's solicitor clearly established she intended to gift the property to her son and fully appreciated the nature and effect of the transaction.
