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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Undue influence: Behind the social façade of dementia

New Square Chambers | Trusts and Estates Law & Tax Journal | July/August 2019 #208
James McKean examines a recent addition to the growing body of case law on undue influence and the elderly testator ‘This judgment serves as a reminder that allegations of undue influence, fraud and sham can be dealt with summarily if they, or if the defence thereto, have no real prospect of success.’ The case of …

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