The applicant transferred legal title of her home to her two sons while retaining a life interest and executing an unregistered declaration of trust naming herself as the beneficial owner.
One of the sons later falsely claimed full ownership of the property to secure a vehicle lease, leading the respondents to register executions against him.
The applicant sought a declaration that she was the sole beneficial owner and that the executions did not attach to the property.
The court found that the applicant had the requisite certainty of intention to create a valid trust in 2003, and therefore her prior unregistered beneficial interest took priority over the execution creditors.
