By Gavin McLeod who practices in traditional Chancery and property litigation from St. Philip’s Chambers
Undue influence is a concept much recalled from law school, usually in the context of spouses standing as sureties. It is also commonly thought of when questions arise as to disputed transactions. For it is a regular contention of disappointed lay clients that unexpected or unwelcome generosity in favour of someone else had some form of nefarious origin. The allegation would then be that the beneficiary or recipient was up to no good in procuring the gift. In that sense, undue influence is a concept much recalled. It is also however one which can be misunderstood. Still further, it has different representations in the two separate contexts of will challenge (probate undue influence) as ...