Undue influence Definition

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What does Undue influence mean?

The equitable doctrine by which a will will be set aside if procured by undue influence.

In probate, undue influence must be positively proved. There is no doctrine of presumed undue influence in relation to wills. Undue influence is coercion; pressure so as to overpower the volition without convincing the judgment; see Hall v Hall (1868) LR 1 P & D 481.

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Family provision claims—table of cases

Family provision claims—table of cases Spouse or civil partner of the deceased Topic Case name Summary Author Spouse of the deceased Ramji v Harvey (in his capacity as executor of the estate of Sugrim Orlando Ramji deceased) and others [2023] EWHC 1664 (Ch) News Analysis: Lifetime transaction set aside on the basis of undue influence (Ramji v Harvey).In this preliminary issue trial in a claim under I(PFD)A 1975, the court set aside a transfer finding that the relationship between the deceased and the surviving spouse was one of trust and confidence resulting in a presumption of undue influence. Holly Challenger, Parklane Plowden Chambers Spouse of the deceased Re estate of Singh (deceased) [2023] EWHC 304 (Fam) News Analysis: Spousal claim under I(PFD)A 1975 dealt with on an abbreviated basis (Re estate of Singh (deceased))The judge dealt with this claim on an abbreviated basis, as the claim was either uncontested or alternatively, if D3 were to contest the claim, summary judgment could be given. Aimee Jones, Sternberg Reed LLP Spouse...

Unfair commercial practices—checklist

Unfair commercial practices—checklist This Checklist considers the key practices, actions and omissions amounting to unfair, misleading or aggressive commercial practices under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008), which may lead to criminal prosecution, regulatory action and adverse publicity. Consumers also have private rights of redress, including the right to unwind the contract, the right to a discount and the right to seek damages. It considers the changes that the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) will bring about. All commercial practices need to be considered and checked to ensure that they do not breach these requirements. These include marketing techniques; traders should consider in particular new media techniques, which can sometimes be unclear to consumers as being commercial activity. For more information on the CPUTR 2008, see Practice Notes: • Consumer protection from unfair trading, and • Private right of redress for consumers See also: Advertising law and regulation—overview and Sales and marketing—overview. The DMCCA 2024 In July 2021, BEIS, now the Department...

Validity of Wills—presumptions

If a Will is rational, in regular form and appears to be duly executed, the following presumptions apply:•due execution•capacity•knowledge and approvalPresumption as to due executionThe court will presume due execution if presented with a Will that, on the face of it, appears to be duly executed by applying the principle omnia praesumuntur rite esse acta (all things are presumed to be done in due form). This may be rebutted but strong evidence is required:'The strongest evidence would be required to show that a will had not been executed in accordance with the Act when it appeared from its face to have been properly executed, and there was no question but that the will represented the testator's intention. The court should be slow on the basis of extraneous evidence to hold that such a will had not been properly executed, since evidence of events that had happened years previously was likely to be unreliable. To do so would be to deprive the testator of giving effect to his wishes, which he...

Client conflicts in criminal matters—when can you act?

Client conflicts in criminal matters—when can you act? There are two types of conflict: own interest conflicts and client conflicts of interest. This Practice Note explains when you can act if there is or may be a conflict of interests between two or more clients in a criminal matter. For the wider regulatory requirements on conflicts of interests, see Practice Notes: Conflicts of interest—law firms and solicitors and Conflicts of interest—systems and controls. What is a client conflict of interest? A client conflict of interest arises where your separate duties to act in the best interests of two or more clients conflict in relation to the same matter or a related matter. The SRA simply calls this type of conflict a ‘conflict of interest’. You must not act in relation to a matter or particular aspect of it if you have a client conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it, unless you fall...

Discover our 239 Practice Notes on Undue influence

Legal opinion letter: English borrower entering into a secured bilateral facility agreement

Legal opinion letter: English borrower entering into a secured bilateral facility agreement [ To be printed on the headed paper of the lender’s lawyers ] To: [insert name and address of Lender] [insert date] Dear [insert name of Lender] [ Matter name/reference ] We have acted as legal adviser on English law to [insert name of lender] (the Lender) in connection with the provision of financing to [insert name of borrower, company number and registered office] (the Borrower) for a secured [and guaranteed ] [term loan and revolving credit facility] [describe facilities] of £ [insert amount] (the Transaction) and the negotiation, preparation, execution and completion of the documentation described in Schedule 1 (Documents examined) Paragraph 1 (Opinion Documents) (the Opinion Documents). We are providing this opinion letter to you, the Lender, pursuant to [Schedule 2] (Conditions Precedent) of the facility agreement between the Lender, the Borrower, [and Obligors] dated [insert date] (the Facility Agreement). [In this opinion letter, the Borrower, [insert name of...

Client care policy 2011 [Archived]

Client care policy 2011 [Archived] 1 Introduction 1.1 Client care is central to the regulatory regime under which we operate. [Insert name of firm] is committed to providing a good standard of service to all clients and all staff share the responsibility of ensuring we achieve this. 2 Treating our clients fairly 2.1 We must treat our clients fairly and with respect. 2.2 We will not: 2.2.1 abuse our position by taking unfair advantage of clients or others; or 2.2.2 unfairly discriminate by allowing our personal views to affect our professional relationships and the way in which we provide services to clients. 2.3 In all cases, we will: 2.3.1 explain to the client, record on the file, and confirm in writing any limitations or conditions on what we can do for them, eg because of the way their matter is funded; 2.3.2 have proper regard to their mental capacity or other vulnerability (eg incapacity, duress or disability—see further section 4 below) when taking instructions and during the course...

Dive into our 20 Precedents related to Undue influence

Can you make an application to set aside a judgment if the parties settle a claim prior to the remedy hearing?

Can you make an application to set aside a judgment if the parties settle a claim prior to the remedy hearing? Where the parties reach an agreement to settle a claim either judgment will be entered by consent or the parties will enter into a Tomlin Order by which the claim is stayed save for the purposes of enforcement of a schedule entered into between the parties. Simple cases in which one party agrees to pay money to the other will often be dealt with by a judgment. Tomlin Orders have the benefit of allowing the parties to agree to provisions which the court does not have the power to order. The court has a wide discretion to vary or revoke orders under CPR 3.1(7), though whilst the rule is broad and unfettered, considerations of finality meant that the discretion ought normally only to be exercised where there has been a material change of circumstances since the order was made, or where the facts on which the original decision were...

Do the Etridge principles only apply to guarantees in respect of loans with security or do they also apply when a lender takes a guarantee but no security?

Do the Etridge principles only apply to guarantees in respect of loans with security or do they also apply when a lender takes a guarantee but no security? The Etridge principles need to be considered by a lender whenever a lender is taking a guarantee or third party security from an individual. Undue influence is improper pressure imposed on the guarantor/third party security provider by somebody else (usually, the principal debtor). It means that the guarantor/third party security provider did not provide the guarantee/third party security on the basis of a free and informed decision. The leading case on undue influence in finance transactions is Royal Bank of Scotland v Etridge (No 2). The case concerned a husband and wife where the wife charged her interest in the family home to secure the liability of her husband or his business to the lender. The wife claimed that she had charged her interest in the home as a result of the undue influence of her husband....

See the 66 Q&As about Undue influence

Property Disputes weekly highlights—17 October 2024

This week's edition of Property Disputes weekly highlights includes: progress of the Renters’ Rights Bill including a call for evidence, High Court decisions on restructuring plans, the requirements for a successful proprietary estoppel claim, injunctions to restrain anticipated protests at airports, and the legal test for quia timet injunctive relief.

Private Client weekly highlights—17 October 2024

This week’s edition of Private Client highlights includes: (1) Morris v Morris, in which the court held that the forfeiture rule did not apply in the particular circumstances of the case; (2) HMRC updates form IHT435 and guidance on IHT100 suite of forms; (3) Cleave v Cleave, which considered the requirements for a proprietary estoppel claim when dealing with a trust of land; (4) Lime and Black v Mistry, where a de facto director was held liable for a company’s losses); (5) the Competition and Markets Authority new consumer law guidance for unregulated legal services, including will-writing and pre-paid probate services; and (6) Trustees of Panico Panayi Accumulation and Maintenance Settlements No 1 to 4 v HMRC, in which the Upper Tribunal applied conforming interpretation of exit tax legislation.

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