Wills & Trusts Law Reports | Autumn 2023 #192Nirmalathevie Naidoo (Mrs Naidoo) died on 10 February 2016. Her husband, Dr Govindarajaloo Naidoo (Dr Naidoo), had predeceased her on 12 January 1999. They had two daughters and five sons. The first defendant, David Barton (Mr Barton) (formerly known as Ramamurthie Naidoo), was one of their children, and his wife (Mrs Barton) was the second defendant. The claimant was another of their children.
By this claim, the claimant sought:
- (1) an order pronouncing in solemn form for the validity of Mrs Naidoo’s will dated 21 July 2015 (the 2015 will), by which he was appointed ...
Wills & Trusts Law Reports | Summer 2020 #179The claimant and her husband owned and farmed College Farm in Cambridgeshire. They had three children – two daughters and one son. The defendant, who was their son, owned and farmed the adjoining Whitleather Lodge Farm and had joined his parents’ farming partnership on an equal basis.
After separating from her husband in 2011, the claimant moved into a property which had previously produced a rental income and she was concerned to secure her financial independence. This led to the claimant, her ex-husband and the defendant setting in motion the steps required for a partnership agr...
James McKean examines a recent addition to the growing body of case law on undue influence and the elderly testator ‘This judgment serves as a reminder that allegations of undue influence, fraud and sham can be dealt with summarily if they, or if the defence thereto, have no real prospect of success.’ The case of …
Continue reading "Undue influence: Behind the social façade of dementia"
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Mark Pawlowski examines the remedies available to an undue influence claimant under English law ‘Considerable doubt remains as to whether equitable compensation is available in every case of undue influence or only those in which there is an equivalent fiduciary relationship of, say, solicitor and client or trustee and beneficiary.’ The effect of a finding …
Continue reading "Undue influence claims: What remedies?"
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