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These case law examples showcase the ambiguities that are widely present in undue influence definitions. Most of the time, undue influence (particularly with case law), is decided based on the circumstances of the case which are extremely variable.
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BCCI v Aboody [1989] 2 WLR 759. A husband and wife owned a family company and the company’s liabilities to its bank were secured, among other things, by charges of the wife’s house. The bank sought to enforce the securities and the wife pleaded actual undue influence by the husband.
May 17, 2021 · Therefore, quite often, challenges to wills are advanced on the basis of a lack of knowledge and approval, rather than undue influence. Three successful undue influence cases in the last decade are those of Schrader v Shrader [2013], Schomberg v Taylor [2013] and Re Chin [2019].
- Katie Alsop
Undue influence can be actual or implied, and proving undue influence is the responsibility of heirs, beneficiaries, trustees of trusts, and administrators or executors of wills. If you suspect undue influence and need to contest a will or dispute a trust, here’s a guide.
Jul 13, 2022 · One classic example of undue influence is getting an elderly person with dementia to change their will and leave assets to the manipulator. Family members may not find out about a fishy estate plan until after the person has died; the influencer obviously has a strong motivation to keep last-minute changes under the radar.
Mar 21, 2024 · Undue influence occurs when an individual is able to use an advantage to coerce another party's decisions. Often, this coercion occurs to the detriment of the weaker party and the gain of the...
It's an uphill battle to prove that a will was made under undue influence. The court will consider a range of evidence in deciding whether undue influence, including: former wills. evidence of the deceased person's state of mind at the time of making the will.
