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Undue Influence: Tread carefully
Schomberg v Taylor demonstrates the high evidential burden of challenging a will under undue influence. Mark Keenan and David Hickmott explain ‘Where an allegation of undue influence is made, the burden of proof is on the party alleging the misconduct and the civil standard of the balance of probabilities applies.’ There are various grounds upon …
Schomberg & ors v Taylor & ors [2013] EWHC 2269 (Ch)
Wills & Trusts Law Reports | October 2013 #133The testatrix (W) was the second wife of the late Brian Taylor (H) and had two step sons, David (D) and Paul (P), the first and second defendants. She had a sister, Penny, who married the eighth defendant, Mr Bruce Peskin (B), and who had three children, the fifth to seventh defendants, Cindy, Andrew and Dominic (the 2008 beneficiaries). W and H visited Penny and B, until a few years before they died. They stopped doing so after B, who was in financial difficulties, repeatedly pressurised them to obtain financial assistance in relation to a property development and sale. As a result of t...
Cowderoy v Cranfield [2011] EWHC 1616 (Ch)
Wills & Trusts Law Reports | December 2011 #115Mrs Blofield (D) was in her 80’s and owned her own home worth around £140,000. Her only son (R) was an alcoholic and seriously ill. He moved into her house in 2002 and remained there until he died, intestate, on 5 August 2006. He had fathered several children. One was adopted and others taken into care but they paid no part in his life or that of his mother, D. He did, however, have a legitimate daughter, the claimant, Mrs Leigh Cowderoy, (C) who inherited his estate. Relations between C and R were strained and there was very little contact between C and D because of this although ...