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Donation by elderly mum-of-six to 'artful dodger' son rescinded

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The court appointed a notary to draw up the deed of rescission at the defendant’s expense. File photo

A judge has ordered the rescission of a donation by an old and vulnerable mother-of-six in favour of one of her sons who was deemed to have acted in bad faith, manipulating the frail woman knowing that his siblings were seeking her interdiction in court.  This was the outcome of proceedings filed by those siblings against their brother and his wife over the gratuitous transfer of an 11/24 undivided share of a garage at Naxxar by their mother in favour of their sister-in-law back in April 2011.  The parties have long been entangled in a number of court cases stemming from an ongoing feud over family property. The defendant appeared to have “a history” of interfering in his mother’s property dispositions and this donation was certainly not the first and last attempt to acquire family property to the detriment of his siblings, observed Mr Justice Grazio Mercieca who presided over the donation case.  Last year, a secret will by their mother in favour of the same brother was successfully challenged in court.  Years ago, the parties’ parents had declared that they wanted all their property to be shared equally amongst their children “with no preferential treatment”. At one stage the...


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