Can an elderly mother who cannot read or write a Deed or Deed, who is unable to do so, overturn the Deed?
Manitoba, Canada
The following excerpt is from Riley v. Anderson, 2021 MBQB 127 (CanLII):
In Zed v. Zed et al., 1980 CanLII 3177 (NB QB), 28 NBR (2d) 580, an elderly mother (at least 87) gave her son a deed – the gift of her house (her only asset). She could neither read nor write. The court applied the principle of non est factum, and set aside the deed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an action to overturn a conviction be brought as collateral attack? (Manitoba, Canada)
What is the effect of having different surnames from the children of the same mother? (Manitoba, Canada)
Does a doctor owe a duty to the future child of a mother who is on a medication prescribed by her doctor to prevent her from having a seizure? (Manitoba, Canada)
Can a summary judgment be overturned on the basis of facts discovered after entry of the judgment? (Manitoba, Canada)
Can the per incuriam exception be extended to include a case where the only indication that Homer nodded is that one thinks the word cannot bear? (Manitoba, Canada)
What is the test for writing off child support arrears? (Manitoba, Canada)
In what circumstances will a son and his mother be able to negotiate the sale of a piece of land? (Manitoba, Canada)
Is a plaintiff's right to hire someone to complete construction work on his house if he is unable to complete the project? (Manitoba, Canada)
What factors and considerations will the court consider when determining time sharing between the mother and father of the children? (Manitoba, Canada)
What is the test for overturning a child and spousal support award? (Manitoba, Canada)
