The mother and daughter entered into an agreement where the mother transferred her property to the daughter but retained a life interest.
The daughter later required financing to renovate the property, and the bank required the life interest to be discharged.
The mother signed an acknowledgment and direction discharging her life interest.
Years later, the relationship broke down, and the daughter attempted to evict the mother and sell the property.
The court found that the discharge of the life interest was invalid due to undue influence, as the mother did not fully understand the consequences and did not receive independent legal advice.
The mother's life interest was declared valid, and the daughter was ordered to provide an accounting for funds managed while acting in a fiduciary capacity.
