Emily Bueno considers the protections in place for testators

Fellow practitioners will be familiar with equity’s protection of the vulnerable from exploitation, including by developing the doctrine of the ‘presumption of undue influence’ in respect of certain lifetime transactions.

By way of reminder, such a (rebuttable) presumption arises where (i) the complainant placed trust and confidence in the other party in relation to the management of the complainant's financial affairs; and (ii) the transaction, entered into allegedly by reason of undue influence, calls for some explanation.

The Courts will go further in certain cases, adopting (to employ the words of Nicholls LJ in Royal Bank of Scotland Plc v. Etridge (No 2) [2002] 2 AC 773) “a s...

Emily Bueno
Mishcon de Reya LLP

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