EQUITY — undue influence — presumption of undue influence — whether presumption arises from relationship between parties — eldery father and daughter — father suffering from mild dementia — whether presumption rebutted. EQUITY — unconscionable conduct — daughter caring for father — whether father's medical condition gave rise to a 'special disability'. FAMILY PROVISION — adult sons — one son homeless and estranged for 36 years — other son dependant on pension — whether adequate provision made — whether notional estate order should be made — intention of deceased — difference between intention and effect of transaction.
Case Details
Citation[2012] NSWSC 460
CourtNSWSC
JurisdictionNew South Wales
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