McGhee v Churven; Churven v McGhee

The parties involved in the case were Sybil Margaret Churven, who passed away in 2019, and her two children, Philip Stuart Churven and his sister. The dispute centred on the ownership of a residential unit that had been purchased in 1992 and registered in the name of the deceased. The daughter contended that the unit was part of the residuary estate, whereas the son argued that it was purchased and maintained by him for his mother, who held it on trust for him. The case was heard by the Queensland Supreme Court.

The legal issues that the court had to address included whether the residential unit was held by the deceased on trust for the son, and if it was, whether the unit formed part of the residuary estate of the deceased. Additionally, the court had to determine whether the copy of the Deed that was presented was a true copy of the original Deed or a forgery. The court also had to consider whether an express trust arose on execution of the Deed, and if so, whether the residential unit was held by the deceased pursuant to the terms of the express trust created by the Deed.

The court found that the copy Deed that was produced was a true copy of the original Deed, and that an express trust arose on execution of the Deed. The court held that the residential unit was held by the deceased on trust for the son, and that it did not form part of the residuary estate of the deceased. The court ordered that the property situated at 11/108 Swann Road, Taringa, be registered as the proprietor of the unit in the name of the son, and that the sum of $279,478.09, together with any accretions thereon, be paid to the son.

The court's decision was based on the evidence presented, including the testimony of the witnesses, and the court's interpretation of the law. The court found that the son had discharged the onus of proof and had established that the express trust was valid and enforceable. The court's decision was binding on the parties, and the son was entitled to the property and the sum of money awarded to him.