At the date of her death, the deceased debtor was the joint registered proprietor of a residential property, which was her family home. The issues in the case related to a document said to be a declaration of trust, which declared that the deceased debtor had no beneficial interest in the property, having transferred the same to her son.
The Respondents, who were the family of the deceased debtor, sought to rely on the declaration of trust to prevent the trustee taking possession of and selling the property. The trustee alleged that the declaration of trust was not an authentic document and/or was a sham document.
The Court found that the declaration of trust was indeed a sham document, drafted with the intention of deceiving creditors as to the real beneficial ownership of the property.
The Court ordered the Respondents to give possession of the property to the trustee within 28 days.
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