Source: All England Reporter
Publisher Citation: [2003] All ER (D) 201 (May)
Court: Chancery Division
Judge:

Judge Rich QC sitting as a judge of the High Court

Judgment Dates: 15 May 2003

Catchwords

Executors and administrators - Undue influence - Proof of influence - Claimants' seeking equitable compensation.

The Case

On the facts of the instant case, the claimants were partially successful in their undue influence claim in that the trust established for the defendant's children's education had not been made following the full, free and informed choice of the testatrix, which placed the defendant under a conscious obligation to pay equitable compensation.

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