The lifetime maintenance agreement may be terminated by either party at any time subject to six months’ notice, where according to the agreement the performance of one party is substantially greater in value than that of the other and the party benefiting from such imbalance cannot show that the other intended it as a gift.
The decisive criterion here is the relation between the capital and the life annuity according to the principles applied by any reputable annuity institution.
Performance already rendered at the time of termination is returned after its capitalised value plus interest has been set off.
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