Case Studies
Equity Action (dispute over transfer of land) :Virtual Client Case
Below is a virtual case, similar to many Conveyancing Law cases that we would undertake at Malcomson Law. This is not a real case and no real names are used in this article as we believe it would breach our client's confidentiality.
Equity Action- a dispute over a transfer of land that a family member is trying to overturn on the basis of incapacity
Equity comes to the rescue whenever the parties to a contract have not met upon equal terms.
Background Information
Name: Andrew Walshe
Sex: Male
Age: 67
Marital Status: Single (and living alone)
Occupation: Farmer
Legal Issue: Dispute over a transfer of land
Andrews Story
Andrew Walshe, a bachelor in his sixties is living on a remote farm of some 170 acres in South Kilkenny. Andrew had considerable assets and given his age and diminishing mental health, he decided he needed assistance managing the farm. He approached a neighbour's son, John, and offered to give John the farm after his death, if in the meantime John would work for him and live with him.
A few days later an agreement was drafted by Andrew's solicitor to this effect.. However, the arrangement was not working out with John threatening to leave unless money was paid upfront. Andrew started giving large amounts of money to John and John starting selling Andrew's stock without his knowledge or consent.
Eventually, Andrew Walshe consulted Malcomson Law with a view to taking action against John and seeking to have the Settlement set aside.
Taking Legal Action
The facts of this case are difficult to ascertain due to Andrew's failing memory. In order to be successful we would have to prove that the solicitor that acted for our client in respect of the Deed of Settlement did not know all the material facts, did not give Andrew a complete explanation of the nature and effect of the deed and did not take into account any element of lack of capacity or undue influence,.
What type of Compensation will Andrew Walshe receive?
It is doubtful that Andrew Walshe would succeed in setting aside the deed on the basis of John's undue influence but he could bring an equity action claiming:
- The improvidence of the transaction and his own mental incapacity coupled with the deficiencies in the legal advice with a view to having the deed of settlement set aside;
- To recover sums of money improperly obtained or retained by John from Andrew Walshe and to have an account taken.
Please note that this article is for information purposes only and does not constitute legal advice.
Seeking Property Advice
For further information, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.
This news section contains stories of interest from publicly available news sources. Where we are representing the clients referred to in the news material we will say so. Where we do not represent individuals or bodies mentioned or quoted, the inclusion of the news story in our news section is not intended nor should it be taken to imply that we act for the individual or body concerned.