A person who receives funds from a person under special disadvantage (such as progressive dementia) as an absolute gift with no legally enforceable obligation to use the funds for the disadvantaged person's benefit cannot resist equitable relief on the basis that their subjective motivation was honest and they intended to care for the disadvantaged person. The absence of independent legal or financial advice and the absence of enforceable protections for the disadvantaged person are critical factors. The carer-dependent relationship, combined with bonds of affection and instigation of the transaction, is sufficient to establish ascendancy for the purposes of undue influence.
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