Randall v Randall [2004] EWHC 2258 (Ch) (30 July 2004)

Randall v Randall [2004] EWHC 2258 (Ch) (30 July 2004)

The court found that the relationship between the deceased and the defendant was one of trust and confidence, and that the four gifts were substantial transactions not readily explicable by ordinary motives. The presumption of undue influence arose in respect of all four gifts. The defendant failed to rebut the presumption, as the deceased was not shown to have acted after full, free, and informed thought, particularly regarding the effect of the gifts on her remaining assets and tax consequences. Accordingly, all four gifts were set aside for presumed undue influence. The alternative trust claim was dismissed as wholly without merit.

Citation
[2004] EWHC 2258 (Ch)
Parties
Claimant: Geoffrey Herbert Thomas Randall; Defendant: Philip William Charles Randall
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Chancery Division Civil Claim / First Instance Judgment
Outcome
Claim allowed in part; all four gifts set aside for presumed undue influence; trust claim dismissed.
Legal Topics
Undue Influence, Lifetime Gifts, Presumed Undue Influence, Trusts, Wills and Probate
Equity Property Law Succession Law Undue Influence Lifetime Gifts Presumed Undue Influence Trusts Wills and Probate

Case Brief

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Parties

Geoffrey Herbert Thomas Randall

Claimant

Philip William Charles Randall

Defendant

Procedural Posture

Chancery Division Civil Claim / First Instance Judgment

Legal Issues

  1. 1 Whether four lifetime gifts of land by the deceased to the defendant should be set aside for presumed undue influence
  2. 2 Whether the defendant held any of the gifted land on trust for the claimant or others

Ratio Decidendi

The court found that the relationship between the deceased and the defendant was one of trust and confidence, and that the four gifts were substantial transactions not readily explicable by ordinary motives. The presumption of undue influence arose in respect of all four gifts. The defendant failed to rebut the presumption, as the deceased was not shown to have acted after full, free, and informed thought, particularly regarding the effect of the gifts on her remaining assets and tax consequences. Accordingly, all four gifts were set aside for presumed undue influence. The alternative trust claim was dismissed as wholly without merit.

Court Disposition

Claim allowed in part; all four gifts set aside for presumed undue influence; trust claim dismissed.

Orders

  • All four gifts of land by the deceased to the defendant are set aside.
  • The defendant is to restore the properties to the deceased's estate.