Hall v Hall
| Jurisdiction | England & Wales |
| Year | 1865 |
| Date | 1865 |
| Court | Court of Probate |
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76 cases
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Rajaratnam Kumar (alias Rajaratnam Vairamuthu) v Estate of Rajaratnam Saravana Muthu (deceased) and another and another suit
...presumed. As for what amounts to undue influence in relation to the execution of a will, the decision of Sir JP Wilde in Hall v Hall (1868) LR 1 P & D 481 is taken to stand for the following proposition: Persuasion is not unlawful, but pressure of whatever character if so exerted as to over......
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Michele Alexia Canham v Cutty Sark Land Company
...be brought to bear, a point illustrated by the well-known passage in the summing up of Sir J. P. Wilde to the jury in Hall v. Hall (1868) L.R. 1 P. & D. 481, at 482. That was a probate case, but the point is equally applicable in the present context: “ pressure of whatever character, whethe......
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The Poulton Family Trust Between: (1) Michele Alexia Canham (2) James Alexander Poulton (3) Nicholas James Poulton (4) James Michael Poulton (5) Daisy Elizabeth Houghton-Poulton Plaintiffs v (1) Cutty Sark Land Company (2) Deborah McMullan Poulton (3) Wilson Malcolm McMullan (4) Christine Jane McMullan (5) Cayman National Trust Company Ltd (6) CNT (Nominees) Ltd Defendants
...be brought to bear, a point illustrated by the well-known passage in the summing up of Sir J. P. Wilde to the jury in Hall v. Hall (1868) L.R. 1 P. & D. 481, at 482. That was a probate case, but the point is equally applicable in the present context: “ pressure of whatever character, whethe......
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Naylor v Maher
...means coercion to make a will in particular terms. (e) Reliance was made on the principle as stated by Sir J.P Wilde in Hall v. Hall LR 1 P & D 481:- "Persuasion is not unlawful, but pressure of whatever character if so exerted as to overpower the volition without convincing the judgment of......
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2 firm's commentaries
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Challenging the essential validity of a will
...J); Wingrove v Wingrove (1885) 11 PD 81, 82. 61 Blendell v Byrne [2019] NSWSC 583 (25 February 2019) [450] (Hallen J). 62 Hall v Hall (1868) LR 1 P & D 481, 63 Tobin v Ezekiel [2011] NSWSC 81 (1 March 2011) [40]. 64 Petrovski v Nasev [2011] NSWSC 1275 (17 November 2011) [264]. 65 Trustee fo......
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Challenging the essential validity of a will
...J); Wingrove v Wingrove (1885) 11 PD 81, 82. 61 Blendell v Byrne [2019] NSWSC 583 (25 February 2019) [450] (Hallen J). 62 Hall v Hall (1868) LR 1 P & D 481, 63 Tobin v Ezekiel [2011] NSWSC 81 (1 March 2011) [40]. 64 Petrovski v Nasev [2011] NSWSC 1275 (17 November 2011) [264]. 65 Trustee fo......
5 books & journal articles
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Table of Cases
...EWCA Civ 890, 22 ITELR 96, [2019] 2 P & CR DG13 162 Hadler’s Estate, Re; Goodall v Hadler (1960) The Times , 20 October 31 Hall v Hall (1868) LR 1 P&D 481, 32 JP 503, 37 LJP & M 40, 16 WR 544 76–77 xviii A Practitioner’s Guide to Probate Disputes Harnett v Elliott; Denning, Re [1958] 1 WLR ......
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Wills
...61 W.I.R. 525 89 See Moonan v. Moonan supra . See also Heyliger v. Burgess [1931-37] L.R.B.G. 507 90 [1857-60] All E.R. 610. 91 (1868) L.R. 1 P & D 481 p.482. 92 In the Estate of Chintaman Maharaj H.C.A. No. 4315/1982 (Trinidad & Tobago); Sin Young Chin and Anor. v. Catherine Kelly and Ors ......
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UNDUE INFLUENCE, UNCONSCIONABILITY AND GOOD FAITH
...that in probate cases, there is no category of presumed undue influence. The burden always lies on the complainant. See eg Hall v Hall(1868) LR 1 P&D 481; Parfitt v Lawless(1872) LR 2 P&D 462. 34 Bank of Credit & Commerce International SA v Aboody [1990] 1 QB 923 at 961 (Slade LJ); Geffen v......
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Undue Influence
...and where the line is drawn before influence becomes unacceptable is blurred. The principle which applies was stated in Hall v Hall (1868) LR 1 P & D 481 as follows: Persuasion appeals to the affections or ties of kindred, to a sentiment of gratitude for past services, or pity for future de......
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