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Anthony is an elderly man in his nineties. He lives in an aged care home in Chermside, Brisbane. His wife, Betty passed away many years
Anthony is an elderly man in his nineties. He lives in an aged care home in Chermside, Brisbane. His wife, Betty passed away many years ago due to a terminal illness. Their only child, Cindy currently works as a fashion designer in Melbourne. He has been living frugally all his life and has accumulated $2 million in savings. Cindy has not had much success in her career due to the recent economic downturn. Her latest love interest, Darren is a property developer. Darren has lost a significant amount of money on various failed real estate projects. The financier for these projects is XYZ Bank. XYZ Bank has threatened to make Darren a bankrupt unless he can service his outstanding loans by paying the bank $2 million in late interest payments. On Christmas day, Cindy visits Anthony at his aged care home. Anthony is so happy to see her as they have not spoken to each other since Betty's funeral. This is because they have had many disagreements in the past about Cindy's choice of a life partner. Cindy persuades Anthony to entrust his entire life savings of $2 million with her boyfriend, Darren. She reassures him that it is only a temporary loan as Darren intends to repay every single cent back within 6 months. According to Cindy, if Anthony does not agree then she will never visit him again. Reluctantly, Anthony signs the relevant transfer forms giving Cindy (to be subsequently delivered to Darren) his entire $2 million savings. At no time did Cindy mention to Anthony about Darren's precarious financial position. Cindy had informed Anthony that Darren's real estate business was extremely profitable and that the money was needed for future growth prospects. Anthony now has a change of heart. He is concerned that he will be left with nothing if Darren was to carry out his plans. The money is currently held in Cindy's bank account. It has yet to be transferred to Darren or XYZ Bank. REQUIRED Advise Anthony regarding whether he will be successful in alleging undue influence on him by Cindy
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