Answer using ILAC method

David Fernandez is a widowed, 89-year-old disability pensioner who lives in Brisbane with Eveline, his carer who was a friend of his deceased wife. With a limited ability to read, write and speak English, David is dependent upon Eveline to look after him. As David suffers from depression at times, Eveline manages some David's personal and financial affairs.

Upon his death, David's two sons, Jeffrey and Max, will inherit his apartment according to the terms of his will. The apartment is currently rented out. However, during the past year, David has developed a friendship with Eveline, who asks David if he can leave the apartment to her.

Although David does not fully understand the effect of his decision, Eveline convinces David to revoke the will and immediately transfer ownership of the apartment to her. In arranging the transfer, Eveline approaches a solicitor of her choice. The solicitor meets with Eveline and David and advises them of the paperwork that must be completed.

One month later, David successfully transfers ownership of his apartment to Eveline and soon after, David passes away. When David's will is read out, Jeffrey and Max are both upset about Eveline's actions and approach you for advice. Applying the relevant rules of equity, advise of whether any vitiating factors could result in the transfer to Eveline being set aside.

Cannot discuss any ACL provisions when writing your answer