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Howell Evans v David Rees Lloyd

Heather Viljoen looks at a case about agricultural holdings and gifting

3 September 2013

Heather Viljoen looks at a case about agricultural holdings and gifting

In this case, the court considered an application to set aside gifts on the ground that they were "unconscionable transactions" or made under "presumed undue influence".

The donor, Wynne Evans, spent his entire working life - from age 14 until his death at 79 - serving a farm owned by David and Elizabeth Lloyd. In 1985, Wynne inherited two agricultural holdings from his eldest brother, which he farmed as a single unit with the Lloyds' farm. In 1996, he gifted the holdings to the Lloyds.

By then, he was retired and concerned about the condition of the farmhouse on the land (which, at age 70, he had no desire to renovate on his own account) and that recourse would be had ...

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