The deceased had been an elderly and vulnerable widow whose husband had recently died. Her first will left most her estate to claimant trustees, but before her death she substantially diminished her estate by transfers to her carers, the defendants. One had suggested that Mrs Morris should transfer the house (worth over 200,000.00pounds) to her for a noninal sum, and an agreement to look after Mrs Morris, in the house, for the rest of her life. Other substantial gifts and loans were made and the defendant was made a co-signatory on a bank account. The claimant charity sought to set aside the gifts, asserting undue influence.
Held: The special relationship between Mrs Morris and Mrs Rushin, namely that of a carer and a vulnerable person, entitled the court to presume undue influence.
Citations:
Unreported, 19 April 2000
Jurisdiction:
England and Wales
Undue Influence
Updated: 10 May 2022; Ref: scu.234720