Opinion (by the Lord Chancellor and Lord Robertson) that where a will is made in favour of a law-agent by a client, but is prepared and carried through by an independent law-agent, then in the absence of collusion between the two law-agents the onus of proving that the will was obtained by undue influence on the part of the agent benefited by it rests, as in the ordinary case, upon the persons challenging the will.
Evidence upon which held ( aff. the judgment of Second Division) that even assuming the onus in such a case to lie upon the law-agent, he had proved sufficiently that the making of the will in his favour was the free and deliberate act of his client.
Judges:
Lord Chancellor (Halsbury), and Lords Macnaghten, Brampton, and Robertson
Citations:
[1899] UKHL 626, 37 SLR 626
Links:
Jurisdiction:
Scotland
Legal Professions, Wills and Probate
Updated: 24 November 2022; Ref: scu.631846
