Family members said that another niece had obtained gifts from the deceased by the exercise of undue influence. Several substantial gifts had been made to a niece and her family who had been more like a daughter to the deceased. Correspondence suggested that the deceased had not properly comprehended what the documents achieved.
Held: The failure by the beneficiary to ensure that her aunt had made a full and informed choice placed her, as executor, under an obligation in conscience to make full compensation to the deceased’s estate even though she was not responsible for any misleading or wrong advice.
Citations:
[2003] WTLR 959
Cited by:
Appeal from – Jennings and Another v Cairns CA 18-Nov-2003
Nieces had fallen out over their aunt’s estate. One niece had been closer than the others, and despite not properly understanding what she was doing the deceased had made lifetime gifts to the niece who was now executor. She appealed a finding of . .
Lists of cited by and citing cases may be incomplete.
Undue Influence
Updated: 14 May 2022; Ref: scu.235016
