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Who's holding the strings?

With undue influence still a difficult point to prove, advisers need to be aware of what their clients think it means and explain the potential cost consequences, says Edward Hewitt

7 February 2014

There’s a danger of undue influence being used as a final challenge in contentious probate matters. Until last year, there had been no reported successful challenges to wills based on this claim since May 2007 (Re Edwards) and a number of unsuccessful ones.

But in quick succession, two cases succeeded in January and March. Was this a significant change or simply two unusual victories in a notoriously difficult area?

Family ties

Schomberg v Taylor [2013] EWHC 2269 (Ch) centred on Marlene Taylor, who died in early 2009. Her husband of 40 years had predeceased her in October 2008. Although the couple had no children together, Mr Taylor had two sons from...

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