A donation of property made by an elderly widow to one of her three daughters has been declared null and void by the courts on the basis that the deed did not reflect the widow's true intentions.

The court action was filed in 2010 by widow Pauline Vella Moran, then 79, against her daughter Concetta Abela. 

Following Mrs Vella Moran's death last year, her case was continued against Mrs Abela by Mrs Vella Moran’s two other daughters Maryanne Calleja and Josette Bondin.

Mrs Vella Moran’s husband had died in August 2005 and in terms of their joint will they had appointed their three daughters as their heirs in equal shares between them.

However, following the husband's death, trouble ensued between the daughters and Mrs Vella Moran was torn between them. The trouble escalated and in 2006 when Mrs Abela was charged and found guilty by the Magistrates Courts of having insulted, attacked and injured her mother.

In January 2007, Mrs Vella Moran donated her share of two apartments (in a block of three in Birzebbuga) to her daughters Josette and Maryanne.  This donation had not solved the family problems facing Mrs Vella Moran and in August 2010 she made another donation in favour of her daughter Concetta.

Before her death last year, Mrs Vella Moran had testified before Mr Justice Mark Chetcuti and had declared that her intention was that of donating to Concetta her share of the remaining third apartment in Birzebbugia so that she would receive the same inheritance as her sisters.

But it resulted that the deed of donation, which was made by Notary Reuben Debono, was not limited to this third apartment (which was valued at €17,500) but included three other properties including Mrs Vella Moran's share of her matrimonial home which was valued at €326,000. 

Mrs Vella Moran reiterated before the courts that this had not been her intention and that she had only wished to ensure that Concetta received the same share as the other two daughters.

She had requested the court to annul the deed of donation on the basis that it did not reflect her wishes.

In today’s judgment Mr Justice Chetcuti found in favour of Mrs Vella Moran and said that her intentions were made clear in the course of her testimony and by the fact that, shortly before her death, she had made another will stating that she wished her three daughters to benefit equally.

The three sisters, said the court, had shown a hunger for their mother's property that was far in excess of any love or respect they had for her.  They had abused and exploited her fragility. 

The court also condemned the behaviour of the sisters' lawyers.

In assessing whether or not Mrs Vella Moran had made a mistake, the court said that it was very likely that she was in such a mental state that her only interest was that of ensuring that her daughter Concetta would have an equal share of the apartment block in Birzebbuga. 

Mrs Vella Moran had very likely not given any importance to any other part of the deed of donation.  The court added that she had not been given sufficient time to appreciate the contents of the deed of donation for she had been taken by Concetta to a notary chosen by a lawyer of Concetta's choice and the deed had been completed within 45 minutes.

A social worker who had visited Mrs Vella Moran also testified that, prior to her death, Mrs Vella Moran was frightened by the behaviour and actions of her daughters and only wanted them to be treated fairly.

The court found in favour of Mrs Vella Moran and ordered the rescission of the deed of donation in so far as this deed referred to properties which were not the one remaining apartment in Birzebbuga.

Concetta Abela was ordered to pay all the expenses of the case.

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