The executors sought a declaration that the defendants, the son and his wife, owed money to the estate. They had cared for the deceased. The son was also the residuary benficiary. Whilst the father had been in hospital, the son had made 62 withdrawals from his bank account. Some were explained but the disproportionate total placed the burden rebutting a presumption of undue influence on him.
Held: Although some of the payments appeared legitimate there remained a greater sum taken which had to be repaid.
[2004] EWHC 2768
England and Wales
Updated: 04 July 2021; Ref: scu.234722 br>