References: [2004] EWHC 2258 (Ch), [2005] WTLR 119
Links: Bailii
Coram: Bartley Jones QC
Ratio: The executor sought to set aside gifts made by the deceased, an elderly aunt before her death to his brother, alleging undue influence.
Held: The recipient had acted falsely in failing to declare overpayments of benefits. The deceased had been a difficult and eccentric character. In this case the defendant had failed to rebut the evidential presumption of undue influence. Trust and confidence had been placed by the deceased in the defendant, and the transactions called for an explanation which was not given.
This case cites:
- Cited – Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc HL (House of Lords, Times 17-Oct-01, Bailii, [2001] UKHL 44, [2001] 3 WLR 1021, [2002] 2 AC 773, [2002] HLR 4, [2002] 1 Lloyd’s Rep 343, [2001] NPC 147, [2001] Fam Law 880, [2001] 43 EGCS 184, [2001] 2 All ER (Comm) 1061, [2001] 4 All ER 449, [2001] 2 FLR 1364, [2002] 1 P and CR DG14, [2001] 3 FCR 481)
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence.
Held: Undue influence is an equitable protection created to undo the effect of excess influence of . . - Cited – Allcard v Skinner CA ((1887) 36 Ch D 145)
The donor had parted with almost all her property. She now sought to have the transaction set aside for undue influence.
Held: Where a wife has entered into a gratuitous transaction with her husband, the burden was on the husband as donee to . . - Cited – Niersmans v Pesticcio CA (Bailii, [2004] EWCA Civ 372)
A house have been given by a man with learning difficulties to her sister. The case appealed an order that undue influence had applied.
Held: The gift failed despite the attempt at independent legal advice. The court reviewed the law of undue . . - Cited – Zamet v Hyman CA ([1961] 1 WLR 1442)
In considering a claim of undue influence the court referred to relationships where one party owed the other an obligation of candour and protection. A presumption of undue influence arose only where it is proved that the gift was made by the donor . . - Cited – Margaret Betina Hammond v Susan Osborn and Another CA (Times 18-Jul-02, Gazette 05-Sep-02, Bailii, [2002] EWCA Civ 885, [2002] WTLR 1125)
Where there was any relationship of trust and confidence between parties, and a substantial gift was made by the one in whom that trust was placed, there would be a presumption of undue influence. Undue influence is a matter of public policy. In a . . - Cited – Barclays Bank Plc v O’Brien and Another HL (Gazette 17-Dec-93, Times 22-Oct-93, Independent 22-Oct-93, [1993] 3 WLR 786, [1994] 1 AC 180, [1993] 4 All ER 417, Bailii, [1993] UKHL 6)
The wife joined in a charge on the family home to secure her husband’s business borrowings. The husband was found to have misrepresented to her the effect of the deed, and the bank had been aware that she might be reluctant to sign the deed. - Cited – Langton v Langton and Another ChD (Times 24-Feb-95, [1995] 2 FLR 890)
The doctrine of ‘unconscionable bargain’ does not extend to gifts obtained by undue influence. . . - Cited – Inche Noriah v Shaik Allie Bin Omar PC ([1929] AC 127)
Undue influence was alleged against a nephew over his elderly aunt. One solicitor had drafted the deed of gift, and another had witnessed it. The solicitor had established that she understood it and entered into it freely, but had not asked enough . .
(This list may be incomplete)
Last Update: 24 May 2019
Ref: 226175
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