Pearce v Beverley [2013] EWHC 2627 (Ch)

Wills & Trusts Law Reports | January/February 2014 #136

John Pearce (Mr Pearce) died on 23 July 2008. His daughter, the claimant, challenged the validity of a will purportedly made by Mr Pearce on 20 June 2007 (the will) on grounds of lack of capacity and want of knowledge and approval, and also challenged a number of lifetime transactions said to be procured by the defendant’s undue influence.

Mr Pearce’s second marriage broke down in 2004 and he consequently became lonely and depressed. His health was generally deteriorating. He suffered from partial kidney failure, which was first noted in March 2005, and by 2006 from s...

Brown v Stephenson [2013] EWHC 2531 (Ch)

Wills & Trusts Law Reports | December 2013 #135

The claimant was the owner of a smallholding that comprised a barn known as Capri Lodge (Capri Lodge) and an adjoining three-acre paddock (paddock) and seven-acre piece of woodland (woodland) at Northgate Farm, Morpeth, Northumberland, where she carried on a goat husbandry business then called Dairy Goat Produce. In August 2001 she entered into partnership with the defendant, on terms that he would carry out development works to Capri Lodge to the value of half of its then valuation of £45,000, and that they would carry on as equal partners the business now known as Capri Lodge Products....

Hart & anr v Burbidge & ors; Samways & ors v Burbidge & ors [2013] EWHC 1628 (Ch)

Wills & Trusts Law Reports | September 2013 #132

The deceased, Phyllis Hart née Samways (W) died on 7 November 2008 aged 86. Her husband (H) had died in January 2005. They left three children, two sons, Kenneth (K) and Paul Hart (P) and a daughter Susan Burbidge (S), who all have children of their own. W had a twin sister (J) who died four weeks after her and three other surviving siblings: Arthur, Graham and Christine (the Samways). Some eight years before he died H wished to sell the family firm to one of his children, but only S and her husband (B) were prepared to take it over on his terms, which did not include the transfer of the...

Undue Influence: Practical justice

The court’s approach in Smith v Cooper sheds light on presumed undue influence in the case of cohabitation, as Anna Clarke relays ‘In circumstances where an actual agreement between the parties is vitiated by undue influence and consequently avoided, it is not proper or possible to impute the same, or virtually the same, agreement to …
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5 Stone Buildings: A quick catch up

Penelope Reed QC introduces an issue devoted to articles by the barristers of 5 Stone Buildings The members of 5 Stone Buildings are delighted to be back writing for this edition of the Trusts and Estates Law & Tax Journal. Last year proved to be a fertile source of articles with members of chambers involved …
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Presumed Undue Influence: When advice is neither necessary nor sufficient

Ruth Hughes reviews case law to present the up-to-date position on presumed undue influence ‘In addition to a relationship of influence, in order for the presumption of undue influence to apply to a transaction, the transaction must be such that it “calls for an explanation”.’Equity protects so that injustice may not be perpetrated. In the …
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