I can’t find a publicly downloadable account of the judgment in this case, and this report does quote some of the detail.
The lesson being highlighted for practitioners is that the gift of something must be certain.
I wonder whether there was adequate advice on the part of the advisor assisting them with setting up an intervivos trust. Perhaps it might have been part of the advisor’s targets to sell this sort of structure.
Perhaps even, there were detailed attendance notes of what was said when, and whether it appeared as if the clients understood that they could not have the income from what was given away, that a valuable source of income on a daily basis would be removed. Hindsight has a terrible clarity, but surely that is the basis of any advice about giving up assets. A clarity that this money is no longer yours, but you can watch over it. With perhaps more care than you have done with your own assets, precisely because it belongs to another