Gorjat v Gorjat

Gorjat v Gorjat

On the balance of probabilities, Jean Gorjat had sufficient mental capacity to understand the nature and effect of the transfer of the Credit Suisse accounts into joint names with Lucrecia, and was not subject to undue influence. The evidence showed Jean acted rationally, understood the consequences, and made the decision independently. The Claimants failed to discharge the burden of proof for lack of capacity or undue influence.

Parties
Claimant: Elisabeth Gorjat; Claimant: Philippe Gorjat; Claimant: Sophie Charriere; Defendant: Lucrecia Gorjat
Jurisdiction
England and Wales
Judgment Date
29 June 2010
Procedural Posture
Civil / Final Judgment
Outcome
Claim dismissed
Legal Topics
Mental Capacity, Undue Influence, Inter Vivos Gift, Conflict of Laws, Intestacy, Burden of Proof
Succession Property Equity Family Mental Capacity Undue Influence Inter Vivos Gift Conflict of Laws +2 more

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Parties

Elisabeth Gorjat

Claimant

Philippe Gorjat

Claimant

Sophie Charriere

Claimant

Lucrecia Gorjat

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Did Jean Gorjat have the mental capacity to transfer the Credit Suisse account balances into joint names with Lucrecia?
  2. 2 Was Jean Gorjat subject to undue influence by Lucrecia in relation to the transfer of the Credit Suisse accounts?

Ratio Decidendi

On the balance of probabilities, Jean Gorjat had sufficient mental capacity to understand the nature and effect of the transfer of the Credit Suisse accounts into joint names with Lucrecia, and was not subject to undue influence. The evidence showed Jean acted rationally, understood the consequences, and made the decision independently. The Claimants failed to discharge the burden of proof for lack of capacity or undue influence.

Court Disposition

Claim dismissed