Three siblings sought a certificate of pending litigation against their brother’s home and a preservation order over estate assets, alleging that farmland formerly owned by their parents had been transferred to the brother through undervalued transactions and undue influence over their vulnerable mother.
They claimed the brother later sold the farm and used the proceeds to purchase his current residence, thereby depriving the estate of assets that should have been shared equally among the four siblings.
The respondents argued the applicants knew of the earlier transfers for many years and therefore lacked a reasonable claim to an interest in land.
The court held that the applicants had established a reasonable claim that sale proceeds traceable to the parents’ property were used to acquire the new property and that the equities favoured protection of the assets.
A certificate of pending litigation and preservation order were granted.
