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Money withdrawn from account of person of unsound mind to buy property and machinery

By: Mark Tottenham BL, on July 8th, 2013

M.C. (A ward) v. F.C. [2013] IEHC 272 (High Court, Feeney J, 2 May 2013)

 

High Court grants declarations that real and personal property, including plant and machinery, was held in trust for ward of court where money had been transferred from her account to accounts controlled by her nephew, at a time where she was of unsound mind, and grants order vesting real property in the ward.

Ward of court - admitted to hospital in 2006 with signs of dementia - discharged to live with relatives in Wexford - stated wish to live in house in Dublin - sale of house in Dublin - preparation of forged letter by nephew to put pressure on plaintiff to sell house - sale closed in 2007 - proceeds of €2.7m - plaintiff certified of sound mind in 2008 - transfers of money from account into nephew's account - claim that plaintiff had authorised payments for purposes of purchase of machinery for his business - admitted to wardship in 2009 - claim by committee of unconscionable transaction - undue influence - trust - breach of duty of care - full denial by defendants - presumption of undue influence - purchase of site and property in Poland by nephew - alleged "gentlemen's agreement" between nephew and other business partners concerning use of machinery - s. 26(vi) of the Trustee Act 1893.
Full Text on Court Services Website>
 

Key Cases Cited

Carroll v. Carroll [1999] 4 I.R. 241
Allcard v. Skinner (1887) 36 Ch.D. 145
Reg. (Proctor) v. Hutton [1978] N.I. 139
Inche Noriah v. Shaik Allie Bin Omar [1929] A.C. 127
Prendergast v. Joyce [2009] 3 I.R. 519
McGonigle v. Black (Unreported, High Court, Barr J., 14th November, 1988)
Inche Noriah v. Shaik Allie Bin Omar [1929] A.C. 127
Cheese v. Thomas [1994] 1 W.L.R. 129
Gregg v. Kidd [1956] I.R. 183