Kicks & Anor v Leigh

Kicks & Anor v Leigh

The gift of the proceeds of sale of Mrs Smith's property was procured by the Defendant's exercise of undue influence, evidenced by a relationship of ascendancy, vulnerability, and isolation, and absence of independent advice or explanation for the transaction; the claim based on mental incapacity failed as the evidence did not establish incapacity to the required degree.

Parties
Claimant: Mr Paul Kicks; Claimant: Mrs Lisa Martin; Defendant: Mrs Georgina Leigh
Jurisdiction
England and Wales
Judgment Date
25 November 2014
Procedural Posture
Civil / Final Judgment
Outcome
Claim for undue influence succeeds; claim for mental incapacity fails.
Legal Topics
Mental Capacity, Undue Influence, Inter Vivos Gifts, Probate, Burden of Proof
Succession Equity Civil Procedure Mental Capacity Undue Influence Inter Vivos Gifts Probate Burden of Proof

Case Brief

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Parties

Mr Paul Kicks

Claimant

Mrs Lisa Martin

Claimant

Mrs Georgina Leigh

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Did Mrs Smith have mental capacity to make the gift of the proceeds on 23 April 2010?
  2. 2 Was the gift procured by the exercise of undue influence by the Defendant over Mrs Smith?

Ratio Decidendi

The gift of the proceeds of sale of Mrs Smith's property was procured by the Defendant's exercise of undue influence, evidenced by a relationship of ascendancy, vulnerability, and isolation, and absence of independent advice or explanation for the transaction; the claim based on mental incapacity failed as the evidence did not establish incapacity to the required degree.

Court Disposition

Claim for undue influence succeeds; claim for mental incapacity fails.

Orders

  • The gift of £292,899.92 to the Defendant is set aside for undue influence.
  • Defendant to pay £292,899.92 into Mrs Smith's estate with interest from 23 April 2010.