BCC 430/2019

This case involved whether a legal representative had abused their authority on a property transfer. A key issue was whether the deceased had had mental capacity at the time.

Background

Some heirs filed a case against the legal representative of their father before the court. They requested the court to dismiss the authorization which was granted by their father to them with all its legal consequences. They said that their father had granted properties to the representative but they then discovered that the representative had exploited their position and transferred these properties to themself.

The court ruled that the authorization should be dismissed along with all its legal consequences.

The representative appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The representative appealed the ruling before the court of cassation. They said in their grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. They said that the court had established the ruling on the grounds that the heirs’ father had been incompetent before his death, though his doctor had confirmed that he was competent to take decisions on his properties.

Decision