Hayes v Hayes

In the case of Hayes v Hayes, the plaintiff, who is the son of the deceased, sought declaratory relief that his late father held an equitable interest in a property at the time of his death. The deceased, Ernest Hayes, had contributed funds towards the construction of a house on the property. The central issue was whether these funds were advanced as a gift or as a loan to the second defendant, who is the plaintiff's sister. The court had to determine whether the deceased retained an equitable interest in the property at the time of his death.

The court examined the relationship between the parties, including the contributions made by the deceased and his wife towards the construction of the house. It considered the circumstances under which the contributions were made, including the agreement that the second defendant would care for her parents for the rest of their lives in exchange for contributing to the construction. The court assessed whether these contributions were intended as gifts or loans. In making its decision, the court applied principles of equity, focusing on the intentions of the parties and the nature of their agreement.

After considering the evidence and the applicable legal principles, the court concluded that the monies paid by the deceased and his wife were advanced to the second defendant by way of gift, not as a loan. Consequently, the deceased did not hold an equitable interest in the property at the time of his death. The court dismissed the plaintiff’s claim for declaratory relief and indicated it would hear the parties regarding the form of orders and costs.