Court of Appeal Sets Aside Order for Boy’s Return to Texas
The Court of Appeal has allowed a mother’s appeal against the High Court’s refusal to set aside or stay an order for the return of her son to Texas. ...
Continue readingA recent case decided by the Scottish Courts shows the wisdom of not making irrevocable decisions that you may later come to regret.
It involved a woman who gifted her house to her daughter and son-in-law, retaining a tenancy for life over the property. The couple had lived with her, selling their own house when the son-in-law lost his job. The gift of the title to the property was made about a year later and the new ownership was registered at the Land Registry.
As so often happens in such arrangements, the woman and the couple fell out. Three years after the transfer, she moved out of the house and went to live with another daughter. She then wished to recover the title to the house.
Her argument was that the couple had used undue influence to persuade her to make the gift. However, in the absence of compelling evidence of this, the Court of Session rejected the claim.