A mother transferred her family home into joint tenancy with her daughter and executed a will directing that her share of the property go to the daughter on the condition that she pay bequests to her grandchildren.
After the mother's death, the daughter sold the property and kept the proceeds, claiming right of survivorship.
The grandchildren challenged the daughter's actions.
The Court of Appeal held that the presumption of resulting trust was not rebutted because the mother intended the property to be used to fund the bequests after her death.
The property therefore formed part of the estate, and the daughter's failure to pay the bequests was a breach of trust.
