The trustee in bankruptcy brought a motion for a declaration that the bankrupt's interest in two properties, held in joint tenancy with his wife, were assets of the estate.
The bankrupt and his wife claimed the properties were held in trust for their children, relying on trust documents allegedly created in 1995 and 2004.
The trustee introduced uncontradicted expert evidence proving the fonts used in the documents did not exist on the dates they were allegedly signed.
The court found the trust documents were backdated and the trusts were shams, or alternatively fraudulent conveyances, designed to defeat creditors.
The declarations sought by the trustee were granted.
