Undue Influence in the Family – A 2013 Update – Family Law Week
“Luke Barnes, barrister at Three Dr Johnson’s Buildings, examines the issue of undue influence in family matters.”
Family Law Week, 1st February 2013
Source: www.familylawweek.co.uk
Category: undue influence
A local authority and others v L – WLR Daily
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
“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.”
BBC News, 8th March 2012
Source: www.bbc.co.uk
Widow conned by husband into paying £1m debt – Daily Telegraph
“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.”
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
“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.”
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
“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.”
Daily Telegraph, 20th January 2011
Source: www.telegraph.co.uk
Gill v Woodall and others – WLR Daily
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.
Stepmother wins High Court ruling over £1.8m feud – The Independent
“The three children of a wealthy electronics engineer lost a High Court feud with their stepmother today over a £1.8 million cash transfer a few months before his death.”
The Independent, 29th July 2010
Source: www.independent.co.uk
Wife wins mortgage appeal after husband’s affair – The Independent
“A wife who signed a joint remortgage with her husband while he was having an affair will no longer have to meet her repayments, the Court of Appeal ruled today.”
The Independent, 24th March 2010
Source: www.independent.co.uk
Prince Charles’s architecture foundation could face investigation – The Guardian
“Charity Commission considers whether to launch inquiry after allegations prince has undue influence over direction of Foundation for the Built Environment.”
The Guardian, 20th August 2009
Source: www.guardian.co.uk
Doctor sues former ‘guru’ after giving away all his possessions – The Guardian
“A formerly wealthy doctor, Dr Yehu Azaz, is suing a spiritual healing centre for millions of pounds after claiming he was influenced by a guru into giving away all his money.”
Daily Telegraph, 8th July 2009
Source: www.telegraph.co.uk
