De Wind v Wedge [2008] EWHC 514 (Ch) (19 March 2008)

De Wind v Wedge [2008] EWHC 514 (Ch) (19 March 2008)

The evidence established that Mrs Wedge made a gift of the proceeds of sale to the Defendant of her own volition, not as a result of undue influence. The presumption of undue influence was rebutted by evidence of Mrs Wedge's independent decision, corroborated by solicitor's testimony and absence of positive evidence of influence.

Citation
[2008] EWHC 514 (Ch)
Parties
Claimant: Mrs Joyce De Wind; Defendant: Mr Colin Wedge
Jurisdiction
England and Wales
Judgment Date
19 March 2008
Procedural Posture
Civil / Final Judgment
Outcome
Action dismissed
Legal Topics
Undue Influence, Gift Inter Vivos, Fiduciary Duty, Power of Attorney, Presumption of Influence
Equity Property Law Trusts and Estates Undue Influence Gift Inter Vivos Fiduciary Duty Power of Attorney Presumption of Influence

Case Brief

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Parties

Mrs Joyce De Wind

Claimant

Mr Colin Wedge

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the Defendant is accountable for the proceeds of sale of the Property as attorney for Mrs Wedge
  2. 2 Whether the proceeds were a gift or reimbursement
  3. 3 Whether the gift should be set aside for undue influence

Ratio Decidendi

The evidence established that Mrs Wedge made a gift of the proceeds of sale to the Defendant of her own volition, not as a result of undue influence. The presumption of undue influence was rebutted by evidence of Mrs Wedge's independent decision, corroborated by solicitor's testimony and absence of positive evidence of influence.

Court Disposition

Action dismissed