S.B.C.J. No. 53
A woman with mental problems had inherited the family home. Her three brothers met with her and ultimately, with a solicitor’s involvement, the house was placed in trust with a life interest to her and upon her death to all grandchildren of her mother.
The deceased’s children alleged undue influence of the 3 brothers. This decision is the leading authority for the definition of undue influence. If there is a dominant relationship a presumption is triggered for the defendant to rebut. The facts must be examined meticulously and solicitor-client communications are admissible. There was little contact between the brothers and their sister, the sister had independent advice and their motivation was to advance their sister’s welfare.