Emily Exton and Rebecca Welman provide a summary of recent undue influence cases and outline their relevance for practitioners ‘It is long established that mere persuasion of the testator which results in a change of mind will not amount to undue influence.’ English law distinguishes between undue influence in the context of lifetime gifts and …
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Wills & Trusts Law Reports | Summer 2019 #175The Claimant (‘Rakesh’) sought to pronounce against the only will made by his late mother, Urmila Rani Gupta (‘the Will’). The Defendants were his two siblings (‘Naresh’ and ‘Sashi’), their children and his own children. The only party actively defending the claim was Naresh – he also brought a Part 20 Claim to appoint an independent administrator of the estate. The Part 20 Claim was not opposed.
The Deceased and her husband Laxmi made mirror wills in November 1998. Laxmi died before the Deceased, so the effect of the Will was that it gave Sashi and each grandchild a small pecunia...
