Undue influence: Reform needed?

Forsters LLP | Trusts and Estates Law & Tax Journal | September 2019 #209
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: The perils of assisting with a will

Radcliffe Chambers | Trusts and Estates Law & Tax Journal | May 2014 #156
Edward Hicks considers the implications of Re Devillebichot; Brennan v Prior [2013] for dealing with litigants-in-person ‘The general rule is that costs will follow the event. An executor is not bound to propound or defend a will; therefore to do so potentially exposes an executor to a costs risk if they fail.’ When Anthony (a …

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