Undue Influence: Follow your nose

RWK Goodman | Trusts and Estates Law & Tax Journal | January/February 2015 #163
Amanda Noyce examines Hart v Burbidge [2014] and its lessons on the presumption of undue influence and lifetime gifts ‘Although the law of undue influence in relation to probate cases is a difficult hurdle to overcome, the law relating to lifetime gifts, where the donor may (or may not) now happen to be dead, may …

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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 …

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