Grounds for Setting Aside a Will: Undue Influence – Pallant Chambers

Posted July 30th, 2020 in news, setting aside, undue influence, wills by sally

‘The loss of a loved one is already an incredibly difficult and emotional time. Sometimes the situation is made worse by the discovery of suspicious circumstances surrounding the making of the will. This series of posts will examine some of the ways in which a will can be challenged.’

Full Story

Pallant Chambers, 22nd July 2020

Source: www.pallantchambers.co.uk

De Sena v Notaro [2020] EWHC 1031 (Ch): The family, the demerger and the expert who wasn’t an expert – Hailsham Chambers

‘The case arose out of a corporate demerger which took place in relation to a family owned company, S Notaro Holdings (“Holdings”), on 28 April 2011. The First Claimant (C1), and the First Defendant (D1) were siblings. Prior to the demerger, they were both shareholders in and directors of Holdings. Neither were majority shareholders. D1 held 43.75% of the shares in Holdings, and C1 held 31.25%. In the demerger, C1 gave up her shares in Holdings in exchange for some assets of Holdings or its subsidiaries being transferred to the Second Claimant (C2), a company formed for that purpose, owned and controlled by C1.’

Full Story

Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

Challenging suspicious wills – Radcliffe Chambers

Posted February 11th, 2020 in chambers articles, fraud, news, undue influence, wills by sally

‘In this paper, Charles Holbech explores in detail the different grounds of invalidity on which a claimant might rely when challenging a suspicious will, including undue influence, fraudulent calumny, want of knowledge and approval, testamentary incapacity and lack of due execution.’

Full Story

Radcliffe Chambers, 5th February 2020

Source: radcliffechambers.com

Wife’s guarantee to bank unenforceable due to husband’s undue influence (Syndicate Bank v Dansingani) – 4 New Square

‘Banking & Finance analysis: Ben Archer, barrister, at 4 New Square, examines a High Court decision that a guarantee given by the first defendant company director to secure the company’s liabilities to the claimant bank was enforceable but a similar guarantee given by the second defendant company director, who was the first defendant’s wife, was not enforceable as her execution of it had resulted from his undue influence.’

Full Story

4 New Square, 7th February 2020

Source: www.4newsquare.com

Fraudulent Calumny: Poison in the Ear – Family Law

Posted December 10th, 2019 in misrepresentation, news, undue influence, wills by sally

‘Fraudulent calumny is a mouthful. It is therefore all the more surprising when I hear it come out of the mouths of lay clients when I first speak to them. Three years ago “fraudulent calumny” was at the back of practitioners’ minds; I certainly would not have heard it from clients. We may have been talking about similar facts but those discussions would always have been about undue influence and pressure on the testator (usually, to the caller’s detriment). Recently, however, something has changed, and we have seen a real growth in discussions around fraud in the creation of wills.’

Full Story

Family Law, 10th December 2019

Source: www.familylaw.co.uk

Cambridge-educated law lecturer leaves brother ‘homeless’ following £750,000 legal battle to sell shared flat – Daily Telegraph

Posted March 21st, 2017 in costs, documents, families, housing, news, sale of land, undue influence by tracey

‘A Cambridge-educated law lecturer has left his brother homeless – and facing a £200,000 legal bill – after winning a court battle to sell a £750,000 flat bought by the pair with money left to them by their mother.’

Full story

Daily Telegraph, 20th March 2017

Source: www.telegraph.co.uk

They think it’s all over … – NearlyLegal

‘We covered the case of Beech v Birmingham CC in the High Court here. The appeal to the Court of Appeal was heard on 11/6/2014 and judgement was given on 17/6/2014.

I will not repeat the facts here except to say that the appeal was narrowed down to only two grounds of challenge: namely that the notice to quit was procured from the late Mrs Warren under undue influence from the housing officer, Mr Pumphrey, and that it had been given when no formal mental capacity assessment had been carried out, in breach of the Code of Practice issued under s.42(1)(a) of the Mental Capacity Act 2005 (the ‘public law defence’).’

Full story

NearlyLegal, 22nd June 2014

Source: www.nearlylegal.co.uk

Some limitations on setting aside vulnerable mortgage transactions – 11 Stone Buildings

Posted January 22nd, 2014 in limitations, mortgages, news, setting aside, undue influence by sally

‘The landmark decision of the House of Lords Royal Bank of Scotland v Etridge (No 2) [2002] 2 AC 773
described the circumstances which render a lending transaction by a bank vulnerable to a challenge for undue influence and provided guidance to bankers as to which steps they would need to take in order to protect their lending, and any security to be taken, from challenge. Several cases decided since Etridgehave demonstrated the breadth of the scope for challenge where bankers have failed to follow the guidance, while others have highlighted some constraints on effective challenges based upon undue influence. Jeremy Cousins QC discussed this topic at a recent lecture of the Chancery Bar Association and shares his thought in this detailed ‘Insider’.’

Full story

11 Stone Buildings, January 2014

Source: www.11sb.com

Last chance to comment on OFT consultation on online games – Technology Law Update

Posted November 5th, 2013 in consultations, consumer protection, internet, news, undue influence by sally

“The OFT recently published a consultation paper on its proposed eight new sector-wide principles in relation to online and app-based games. Whilst the principles will not be legally binding, they make clear the OFT’s views on businesses’ obligations under consumer protection law. The principles were proposed following the results of the OFT’s investigation in April 2013 which highlighted concerns about pressure put on children to make in-game purchases because of pressure to do so within the games. It was found that, in some games, parents were unwittingly incurring large bills due to their children being misled by aggressive practices which exploited their inexperience and vulnerability (for example, by implying that other players or characters within a game were reliant on the consumer paying for something). The OFT considered that these types of practices may amount to undue influence.”

Full story

Technology Law Update, 5th November 2013

Source: www.technology-law-blog.co.uk

Family cut me out of £500,000 fortune, says illegitimate daughter – Daily Telegraph

Posted September 27th, 2013 in families, forgery, fraud, news, undue influence, wills by tracey

“A woman who accused her late father’s ‘traditionalist’ family of conspiring to cut her out of a £500,000 inheritance because she was born out of wedlock has failed in her legal challenge.”

Full story

Daily Telegraph, 27th September 2013

Source: www.telegraph.co.uk

Solicitors, giving independent advice, and exposure to claims for negligence incurred thereby – Sovereign Chambers

Posted July 31st, 2013 in duty of care, legal profession, negligence, news, solicitors, undue influence by sally

“The long running case of Padden v Bevan Ashford [2013] EWCA Civ 824 has reached its dénouement. It is a case not without its human interest, and legally it illustrates important points of practice and principle which arise when a solicitor is instructed to give independent advice on what may well be an improvident transaction, as well, perhaps, on the vagaries of some county court judges. It has involved two county court trials, including a retrial after one county court judge decided that the defendants had no case to answer, and that to ‘foist’ a duty to give ‘full’ advice on a solicitor who simply agreed to see someone who had come in off the street was ‘an absurdity’. To the concern of many solicitors, but quite correctly, both the subsequent judge upon a re-trial the Court of Appeal (twice) decided that the case was anything but absurd. In the end, the solicitors were liable.”

Full story

Sovereign Chambers, 30th July 2013

Source: www.sovereignchambers.co.uk

The last Englishman – New Law Journal

“James Wilson salutes an iconic litigant in person.”

Full story

New Law Journal, 26th July 2013

Source: www.newlawjournal.co.uk

Article 8, Undue Influence and much, much more… – NearlyLegal

“The recent case of Birmingham CC v Beech contains a wealth of legal issues but sadly for the Defendant, none of them was decided in her favour. Mrs Beech’s parents had been joint tenants of a 3 bedroom property at 31 Tilshead Close, Birmingham since 1967. Mrs B’s father passed away in 1994 and her mother succeeded to the tenancy. Mrs B moved in to the property with her new partner in 2007 in order to provide care for her mother. Between 2008 and 2009, five offers of accommodation were made to Mrs B and these were refused for a variety of reasons. Mrs B’s request for her name to be added to the tenancy for Tilshead Close was also refused.”

Full story

NearlyLegal, 17th March 2013

Source: www.nearlylegal.co.uk

Undue Influence in the Family – A 2013 Update – Family Law Week

Posted February 4th, 2013 in families, loans, mortgages, news, undue influence by tracey

“Luke Barnes, barrister at Three Dr Johnson’s Buildings, examines the issue of undue influence in family matters.”

Full story

Family Law Week, 1st February 2013

Source: www.familylawweek.co.uk

A local authority and others v L – WLR Daily

Posted March 30th, 2012 in duress, elderly, injunctions, law reports, mental health, undue influence by tracey

A local authority and others v L: [2012] EWCA Civ 253;  [2012] WLR (D)  101

“The High Court’s inherent jurisdiction to protect vulnerable adults had survived the implementation of the Mental Capacity Act 2005. Thus the court could act where an adult’s capacity to make decisions for herself was overborne by circumstances such as undue influence or duress which were not covered by the Act.”

WLR Daily, 28th March 2012

Source: www.iclr.co.uk

Sir Malcolm Arnold’s carer wins battle on final music score – BBC News

Posted March 9th, 2012 in carers, news, undue influence, wills by tracey

“A carer who looked after the composer of the music for the Bridge On the River Kwai has won a High Court battle over his final work.”

Full story

BBC News, 8th March 2012

Source: www.bbc.co.uk

Widow conned by husband into paying £1m debt – Daily Telegraph

Posted February 28th, 2012 in banking, debts, news, undue influence by tracey

“A widow who says she was conned by her violent art dealer husband into picking up a £1 million debt when he died is fighting a unique High Court battle for the return of the cash.”

Full story

Daily Telegraph, 28th February 2012

Source: www.guardian.co.uk

Daughter of stroke victim who gave £500,000 to secretary in legal tussle – Daily Telegraph

Posted October 13th, 2011 in Court of Protection, news, undue influence by tracey

“The daughter of an elderly stroke victim who gave over half a million pounds to the secretary who helped draw up his will has won a bitter dispute to get the money back.”

Full story

Daily Telegraph, 12th October 2011

Source: www.telegraph.co.uk

Carer who ‘bullied’ elderly auctioneer loses battle for £2.3million share of his fortune – Daily Telegraph

Posted January 21st, 2011 in estoppel, misrepresentation, news, undue influence by sally

“A ‘dictatorial’ carer who bullied an elderly auctioneer who sold the Duchess of Windsor’s jewellery lost a court battle for a £2.3million share of his fortune after she was condemned as a brazen liar by a judge.”

Full story

Daily Telegraph, 20th January 2011

Source: www.telegraph.co.uk

Gill v Woodall and others – WLR Daily

Posted December 16th, 2010 in law reports, married persons, mental health, undue influence, wills by sally

Gill v Woodall and others [2010] EWCA Civ 1430; [2011] WLR (D) 328

“To determine whether a testatrix knew and approved the contents of her will the proper approach was to consider the factual and expert evidence and to ask whether the testatrix appreciated what was in the will when she signed it. It was not necessary to break down the issue into two separate questions of whether a prima facie case had been made out that the testatrix had not known or approved of the contents of her will and then whether the beneficiary had rebutted that case.”

WLR Daily, 15th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.