Parents never intended to transfer family home to daughter

Professional negligence – daughter defrauded father before his death – transferred ownership of family home – solicitor acted for both parties – failed to advise deceased - never stamped or registered – fraud discovered 14 years later – daughter defaulted on loan – receiver appointed – pleadings – background facts – evidence - loss of the file - balance of probabilities, the file was mislaid as a result of the lack of care and attention - conflict of evidence between wife and solicitor as to whether the wife and deceased were advised in relation to the transfer – court preferred the evidence of the wife - assessment of the credibility – amendment of documents – inconsistent evidence – findings of fact – expert evidence – defendant’s expert conceded that the solicitor was negligent - application by the solicitor to the Land Registry for registration of the transfer transferring the property to the daughter – forging of signatures - second application to Land Registry – Court has no hesitation in finding that the daughter defrauded her parents – as a result of fraud she obtained a loan in the sum of €190,000 – parents’ signatures are forgeries and that on the balance of probabilities signed by the daughter – daughter engaged in a deliberate and calculated fraud and deception on her parents – solicitor was negligent – failed to advise the parents as to the nature of the transaction - negligent in the conduct of this case towards the parents – no part of the loan monies paid to the parents - failing to advise the plaintiff to obtain independent legal advice – undue influence - no evidence that Mr. and Mrs. Gibson ever formed the intention to enter into a voluntary transfer of their family home to their daughter or to sell it to her or to gift it to her in any way - solicitor put the wife to the time, expense and stress of a three-day High Court case to defend what was clearly indefensible from the very start - whether as a matter of fact the plaintiff and her husband ever signed a deed of transfer in or about September 2003 purporting to transfer the property to their daughter – solicitor falsified dates and destroyed original documents – for the purposes of misrepresenting to the Revenue Commissioners the purported date of the transaction - no deed of transfer whatsoever with the actual signatures of the parents - absolutely no evidence before the court that the plaintiff and her husband ever signed a deed of transfer in or about September 2003 which either purported to transfer their family home to their daughter or which did transfer their family home to their daughter – parents never transferred the family home to their daughter and never intended to do so.