Nigel Thomas examines unconscionable bargains and presumed undue influence, with reference to Evans v Lloyd ‘This was a case of presumed undue influence and that being so then the claimants were required to prove (i) a relationship of trust and confidence and (ii) a transaction that calls for explanation.’ Some might be surprised that cases …
Continue reading "Undue Influence: After Etridge"
This post is only available to members.
Wills & Trusts Law Reports | September 2013 #132Wynne Evans (Wynne) died on 2 September 2006 at the age of 79. He had worked on a farm from the age of 14. The farm latterly belonged to the defendants, David Lloyd (David) and his wife Elizabeth Lloyd (Elizabeth). Previously it had belonged to David’s parents and grandparents.
There was an issue as to whether Wynne had died testate or intestate. The claimants argued he died intestate but the defendants argued that he died testate and that the will, of which David was residuary beneficiary, had been lost.
The first claimant Howell Evans (Howell) is Wynne’s sole ...
