We consulted with a client of the Senior Rights Legal Clinic in late 2009 in relation to a case of financial abuse of the elderly.
Our client claimed that after she was evicted from her property by her daughter-in-law in mid to late 2009, she discovered:
- her eldest son and her daughter-in-law had initially effected a series of transactions which had diminished her interest in her previously unencumbered property; and
- her interest in her property had eventually been transferred to her granddaughter for grossly insufficient consideration, which she never received.
We were instructed that our client’s eldest son, our client’s daughter-in-law and our client’s granddaughter effected these transactions by undue influence and/or unconscionable conduct in that they made threats and preyed on our client’s age and lack of understanding of the English language. Our 85 year old client is Greek speaking.
A letter of demand was then forwarded by Herbert Geer to our client’s granddaughter, in which we requested that she repay all amounts outstanding to the bank and, thereafter, transfer clear title to the property to our client.
These demands were not met, so therefore we issued proceedings against our client’s granddaughter in the Expedited Division of the County Court of Victoria. The hearing commenced in September this year and settled out of Court after the fourth day of trial.
Whilst the terms of settlement are confidential we are delighted at the outcome - our client will now have sufficient funds to purchase a home of her own.