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Equity – Undue influence. The deceased had transferred three sums of money to the defendants prior to her death. The judge found presumed undue influence and unjust enrichment against the defendants, and ordered them to reimburse the deceased's estate. They appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the transactions had called for an explanation and that the presumption of undue influence had not been rebutted. Further, there was no merit in the contention that the judge had erred in his approach to quantum, as the deceased had had no immediate desire to make a new will to exclude the claimants.
Equity – Undue influence. The deceased had transferred three sums of money to the defendants prior to her death. The judge found presumed undue influence and unjust enrichment against the defendants, and ordered them to reimburse the deceased's estate. They appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the transactions had called for an explanation and that the presumption of undue influence had not been rebutted. Further, there was no merit in the contention that the judge had erred in his approach to quantum, as the deceased had had no immediate desire to make a new will to exclude the claimants.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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