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In De Rooy v Coleman Brewer J is tasked with determining the validity of a will not on account of any question as to testamentary capacity; but as to whether the will was procured by means of undue influence. The will that is the subject of this enquiry is that of Mr Johan de Rooy … Continue reading
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
In Trustees Executors Limited v Poppe, Walker J explores the variation of a will against a background of a challenge as to capacity and an allegation of undue influence. There are two wills in question, one made in 2016 and one made in 2019. The primary difference is that the 2019 will provides that a … Continue reading
Capacity can be measured in a number of ways. However, it is important to consider any particular test of capacity by reference to the context of the test. This is highlighted in Schuitema v Schuitema, which relates to a claim regarding the will-maker’s capacity and allegations of undue influence. Matters between the parties were settled … Continue reading
Gorringe v Pointon is a successful appeal of a High Court decision; the Court of Appeal finding that the deceased’s final and penultimate wills were more probably than not procured by undue influence. The circumstances relating the two wills found to be procured by undue influence are summarised follows: With respect to undue influence as … Continue reading
Matters of Trust 