Source: All England Reporter
Publisher Citation: [2003] All ER (D) 249 (Nov)
Court: Court of Appeal, Civil Division
Judge:

Lord Phillips MR, Arden and Dyson LLJ
Representation Howard Smith (instructed by Thomson Snell & Passmore) for the claimants
  Penelope Reed (instructed by Collyer-Bristow) for the defendant.
Judgment Dates: 18 November 2003

Catchwords

Executors and administrators - Undue influence - Proof of influence - Claimants seeking equitable compensation - Presumption of undue influence - Burden on defendant to rebut the presumption.

The Case

Where a gift had been made and there was a relationship of trust and a transaction that was not readily explicable, a presumption of undue influence arose. The evidential burden shifted upon the defendant to establish that the gift was made in good faith. Neither the fact that the idea of the gift had been initiated by the testatrix nor the fact that an innocent mistake had been made were sufficient to rebut the presumption made.

Practice Areas

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