Evans & Ors v Lloyd & Anor
The claim fails because the relationship between Wynne Evans and the Lloyds was not one of dependency or ascendancy in the relevant legal sense, and the gifts were explained by normal human motivation. There was no evidence of undue influence or unconscionable conduct. The claim is also barred by laches due to unreasonable delay and detrimental reliance by the defendants.
- Parties
- Claimant: Howell Evans; Claimant: David Bernard Evans; Claimant: Helen Brenda Evans; Defendant: David Edward Rees Lloyd; Defendant: Elizabeth Eleanor Lloyd
- Jurisdiction
- England and Wales
- Judgment Date
- 24 June 2013
- Procedural Posture
- Civil / Judgment
- Outcome
- Claim dismissed; counterclaim dismissed.
- Legal Topics
- Undue Influence, Unconscionable Transactions, Gifts, Laches, Estoppel, Probate
Case Brief
Summary, issues, holding and outcome
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Parties
Howell Evans
Claimant
David Bernard Evans
Claimant
Helen Brenda Evans
Claimant
David Edward Rees Lloyd
Defendant
Elizabeth Eleanor Lloyd
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether gifts of agricultural holdings by Wynne Evans to the Lloyds should be set aside for undue influence or as unconscionable transactions
- 2 Whether Wynne Evans died testate or intestate
Ratio Decidendi
The claim fails because the relationship between Wynne Evans and the Lloyds was not one of dependency or ascendancy in the relevant legal sense, and the gifts were explained by normal human motivation. There was no evidence of undue influence or unconscionable conduct. The claim is also barred by laches due to unreasonable delay and detrimental reliance by the defendants.
Court Disposition
Claim dismissed; counterclaim dismissed.
Full Case Text
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