||All England Reporter
|| All ER (D) 249 (Nov)
||Court of Appeal, Civil Division
Lord Phillips MR, Arden and Dyson LLJ
||Howard Smith (instructed by Thomson Snell & Passmore) for the claimants
||Penelope Reed (instructed by Collyer-Bristow) for the defendant.
||18 November 2003
Executors and administrators - Undue influence - Proof of influence - Claimants seeking equitable compensation - Presumption of undue influence - Burden on defendant to rebut the presumption.
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.
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