Event and Time
Event Description
- Deceased: Carmel Mary Ciantar, aged 81, passed away on 24 June 2019.
- Will: The deceased's will, dated 2 April 2014, appoints her granddaughter, Aimee Lauren Ciantar, as executor and divides the estate between Aimee (60%) and her son, Anthony Joseph Ciantar (40%), with a right of residence granted to John Windsor Milne, the deceased's long-term partner.
- Property Transfer: In February 2014, the deceased transferred the Middle Park property into joint names with Aimee, who became the surviving proprietor upon the deceased's death.
- Post-death Action: Aimee sold the property for $5,900,000 and purchased two other properties while maintaining approximately $2,700,000 from the sale in trust pending legal developments.
Application and Claims
- Plaintiff's Application: Anthony Ciantar sought letters of administration ad litem to pursue claims against Aimee to recover the Middle Park property based on claims of equitable undue influence, unconscionable conduct, and lack of capacity.
- Defendant's Position: Aimee sought to be joined as a defendant and requested dismissal of the plaintiff's application, arguing that it lacked merit.
Judicial Decisions
- The court ultimately decided to dismiss the plaintiff's application for an appointment as administrator ad litem.
Dispute Points and Legal Basis
Dispute Points
Claims by the Plaintiff (Anthony Ciantar):
- Claims: The plaintiff alleged that the transfer of the Middle Park property was not valid due to:
- Equitable undue influence. - Unconscionable conduct. - The deceased's lack of capacity at the time of transfer.
- Reasoning:
- The plaintiff claimed a right to investigate as a beneficiary whose interest would be directly impacted. - Asserted that without examining the transfer, the deceased’s true intentions could not be understood.