Order #953457.edited
docx
keyboard_arrow_up
School
Tech Era College Of Sciences & IT, Muzaffarabad *
*We aren’t endorsed by this school
Course
101
Subject
Law
Date
Nov 24, 2024
Type
docx
Pages
4
Uploaded by ElderFlagRook27
Contract Law
Name of Student
Institutional Affiliation
Date
In the present scenario, the individual responsible for administering BRIAN's estate may
have apprehensions over the conveyance of assets to BERNADETTE. To contest this transfer,
the executor may contemplate the use of the following legal recourses:
Undue Influence:
If the executor has the belief that BERNADETTE used undue influence on BRIAN in the
transfer of the properties, it becomes necessary for them to provide substantiating proof in
support of this assertion
1
. This may include individuals who can provide testimony on the
exertion of unwarranted influence, as well as the presence of records or other forms of evidence
that demonstrate a notable disparity in power or instances of coercion.
Lack of Capacity:
If BRIAN had insufficient cognitive abilities to choose property transfers autonomously,
the executor would be entitled to contest the transfer based on the grounds of diminished mental
capacity
2
. To substantiate this claim, it may be necessary to provide medical documents or
evaluations conducted by qualified professionals.
Fraud or Misrepresentation:
If the executor has the belief that BERNADETTE has been involved in fraudulent
conduct or has provided misleading information to BRIAN to acquire the properties, it becomes
necessary to amass substantiating proof of the fraudulent acts
3
. This may include procuring
pertinent papers or identifying witnesses who can provide testimony about the deceptive actions.
Legal Formalities:
1 Gooley, John, and Peter Radan.
Principles of Australian contract law
. LexisNexis, 2006
2 Wright, Ted, M. Ellinghaus, and D. Kelly. "A Draft Australian Law of Contract."
Available at SSRN
2403603
(2014).
3 Spagnolo, Lisa. "Law wars: Australian contract law reform vs. CISG vs. CESL."
Vill. L. Rev.
58 (2013): 623.
The validity of the transfer might potentially be contested if it fails to comply with the
necessary legal procedures.
4
. This process would include doing a comprehensive examination of
the property transfer documentation to discover any potential anomalies or omissions.
It is important to remember that the efficacy of contesting the property transfer will be
contingent upon the robustness of the evidence presented and the particular legal statutes
governing the jurisdiction in question. Legal counsel from a duly competent attorney is crucial in
navigating this intricate circumstance.
4 Spagnolo, Australian contract law reform vs. CISG vs. CESL."
Vill. L. Rev.
58 (2013): 623.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Bibliography
Gooley, John, and Peter Radan.
Principles of Australian contract law
. LexisNexis, 2006.
Wright, Ted, M. Ellinghaus, and D. Kelly. "A Draft Australian Law of Contract."
Available at
SSRN 2403603
(2014).
Spagnolo, Lisa. "Law wars: Australian contract law reform vs. CISG vs. CESL."
Vill. L. Rev.
58
(2013): 623.