Undue Influence Whether Relationship of Trust in UK Law
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Undue Influence
......It may also depend on whether the disposition is made in a will or is a ...; the fact that she had had no relationship with her nephews and nieces; and the motives and ...Under a family trust, she inherited one half share of a farm on the ......
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Burden of Proof in Undue Influence: Common Law and Codes on Collision Course
Before the case of Royal Bank of Scotland v Etridge (No. 2), the modern presumption of undue influence appeared to be a potent one that had to be rebutted on a balance of probabilities. While it is......... the House of Lords failed to indicate whether therevised presumption was now one of law, ... presume undue influence where the relationship between theparties was one of ...–disciple,20 trustee–cestui que trust",21 and in certain circumstances, fiancéand fianc\xC3"......
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Undue Influence in the House of Lords: Principles and Proof
......: The difficulty is to establish the relationship between the law [of undue influence] laid down in ... of evidence speaking to the question of whether influence existed in fact between the ... for convenience and not to imply a formal trust relationship. By its use I mean ‘beneficiary to ......
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Undue Influence and Coercion
...... it is confined to a relationship which necessarily involves influence by ... are not concerned with the question whether proof of independent advice is invariably ... trustee who seeks to profit by his trust. The decision may be regarded as an ......
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The Relevance of Reverence; Undue Influence Civilian Style
Persons in positions of authority are able to engender feelings of reverence in others. Such reverence, unfortunately, can lead to exploitation. For many centuries, courts and legal writers have st........., therefore, that has to be asked is whether feelings of reverence ca n be sufficiently ...Usually, reverence is based on a relationship of dependence. One fact pattern, in particular, ... proved: firstly, that the victim placed trust and confid ence in the other party, and secondly, ......
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Men Behaving Badly: An Analysis of English Undue Influence Cases
Undue influence in mortgage cases is a major issue for women in turn-of-the-century English Land Law. The case reports reveal a catalogue of bad behaviour by men - not simply the perpetrators but a......... and a realignment of the relationship of men and women to what Joan Williams calls ..., and their central concern has been whether it will impugn the transaction vis-a-vis the ...267 . understandings to trust law, Roger Cotterrell noted that the idea of ......
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Senior financial exploitation through wills, trusts, and guardianship: basics, red flags and prevention measures
Purpose: The purpose of this paper is to discuss financial fraud and exploitation against seniors relating to wills, trusts and guardianship. The paper describes how this fraud affects its victims,......... occurs when a person is in the position of trust andconfidence with a vulnerable adult and ... through wills and trusts using un due influence and duress by others and throughabusive actions ... related to estateplanning fraud involving undue influence and duress, Section 4offers red flags ... person (the ward) in a fiduciary relationship (Van Arsdaleet al.,2021). This trust relationship ... pay for a trust agreement regardless of whether one is actually needed (Skinner,2020).Also, if ......
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Trust Funds as a Lever of Influence at International Development Organizations
Trust funds – broadly defined as financial vehicles to channel development funding earmarked for specific purposes through international development organizations – have grown substantially over th.........Concerns among stake- holders about undue donor in fl uence are highest with respect to ... bene fi ts in large funds (regardless of whether or not these are legally independent). Second, I ... nal issue is what it tells about the relationship between the donors and the Bank if these donors ......
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The Husband, the Bank, the Wife and her Signature
...... their respect for Roe independent of whether they would have supported it in 1973?49 ... eg Kings North Trust Ltd v Bell [1986] 1 WLR 119 (CA); ...There was no finding of undue influence against the husband and the ... a ‘protected class’ if the relationship between debtor and surety was such that ......
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Infants, Lunatics and Married Women: Equitable Protection in Garcia v National Australia Bank
...... found that she had no actual control or influence over the business, despite her nominal ...He rejected Mrs Garcia’s claims based on undue influence, unconscionability under Commercial ... concerned with the potential for abuse of trust within the marriage relationship. His Honour ... of using constructive notice to determine whether a particular transaction is impeached for similar ......
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