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High Court, in a claim by sisters against their sister who was administrator of her mother's estate and claimed ownership of the family home: (a) refuses to dismiss the proceedings on the basis that they were bound to fail, where the plaintiffs had established an arguable case that disclaimers had been executed either fraudulently or in reliance on a misrepresentation; (b) grants an order restraining the defendant from dissipating the proceeds of sale of the former family home.
Claim to interest in proceeds of former family home - application to dismiss proceedings - claim by three sisters against fourth sister - whether defendant procured title fraudulently - death of father in 1990 - grant of administration to widow in 1999 - 2007 transfer into joint names of widow and defendant - transfer into sole name of defendant in 2018 - death of widow in 2021 - whether disclaimer by plaintiffs of interest in father's estate - handwriting evidence concerning signatures on disclaimers - acknowledgement by defendant that she had signed disclaimer on behalf of sister - 1999 letter asking other beneficiaries to sign documentation - limitation of actions - fraudulent concealment - alleged lack of clarity as to basis of claim - power to strike out proceedings - constructive trusts - injunctions - undertaking as to damages - risk of dissipation of assets in estate - adequacy of undertaking as to damages.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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