A court yesterday rebuked three daughters for their greediness over their mother’s property before she passed away, as it annulled her donation to one of them because it did not reflect her true intentions.
The mother, Pauline Vella Moran, originally filed the action against her daughter Concetta Abela in 2010.
After her death in 2011, her case was carried on by her two other daughters Maryanne Calleja and Josette Bondin. Ms Vella Moran’s husband had died in August 2005 and in their will they had appointed their daughters as heirs in equal shares.
However, problems ensued between the sisters, with Ms Vella Moran torn between them. The trouble escalated and in 2006 Ms Abela was charged and found guilty 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 apartments in Birżebbuga) to Ms Calleja and Ms Bondin.
In August 2010 she made another donation in favour of her daughter Concetta.
Before her death in 2011 she had testified before Mr Justice Mark Chetcuti that her intention was to donate to Ms Abela her share of the remaining third apartment in Birżebbuġa so that she would receive the same inheritance as her sisters.
But the deed of donation, which was published by Notary Reuben Debono, was not limited to this third apartment (valued at €17,500) but included three other properties including Ms Vella Moran’s share of her matrimonial home valued at €326,000.
This had not been her intention, she had told the court: she had only wished to ensure that Concetta received the same share as the other two.
She requested the court to annul the deed of donation on the basis that it did not reflect her wishes.
In yesterday’s judgment, Mr Justice Chetcuti said that her intentions were made clear 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.
The court said it was very likely that Ms Vella Moran was in such a mental state that her only interest was ensuring that Ms Abela would have an equal share.
She had not been given sufficient time to appreciate the contents of the deed, Mr Justice Chetcuti said. She was taken by Ms Abela to a notary chosen by a lawyer of her choice and the deed was completed in 45 minutes.
A social worker who had visited Ms Vella Moran also testified that prior to her death she was frightened by the behaviour and actions of her daughters and only wanted them to be treated fairly.
The court found in favour of Ms Vella Moran and ordered the rescission of the deed of donation in so far as this deed referred to properties that were not the one remaining apartment in Birżebbuġa.