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Undue influence

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Rational on its face

The subject matter of Sunde v Sunde, is directions as to the order of the exchange and hearing of evidence on account of an application for probate in solemn form. As set out at [2] to [4]: By way of further background as noted at [13]: [13] In probate proceedings, it is generally presumed that … Continue reading →

Estimating capacity

Hooper v Thackwell came before the court by way of a formal proof hearing with respect to a claim brought by her daughter Karen. The background facts are not complex, but raise some complex questions, in particular whether a lawyer could ever rely on a waiver to act on both sides of a transaction that … Continue reading →

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