Principle

EQUITY AND TRUSTS β€” Presumption of Advancement β€” Effect β€” Father Lacks Capacity to Sell Property Given as Advancement

Area of law
EQUITY AND TRUSTS
Court
Supreme Court

Where presumption of advancement applies, the father cannot later sell property gifted to the child. Any such sale to a third party is null and void. The principle applies to equity and trusts. The rule protects the child's beneficial interest. The father's legal capacity to…

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