Wills: Crossing a line

Brendan Cotter | Trusts and Estates Law & Tax Journal | January/February 2017 #183
Brendan Cotter considers how likely a claim against a testamentary predator is to succeed ‘The classic sign of undue influence is the main beneficiary being active in the preparation of a will in which they take a substantial benefit.’As Hilaire Belloc wrote in Dedicatory Ode 1910: ‘The question’s very much too wide, and much too …

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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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