The applicant mother sought a declaration that her adult son held his joint interest in her property on a resulting or constructive trust, alleging she did not intend to gift him the interest and that he exercised undue influence.
The court found the presumption of resulting trust applied but was rebutted, as the evidence showed the mother intended to gift the joint interest to effectuate her testamentary plan.
The court dismissed the claims of undue influence and unjust enrichment, finding the mother acted freely and the gift constituted a juristic reason for the enrichment.
The application was dismissed, and the mother was ordered to pay costs.
