Randall v Randall

Randall v Randall

The court found that the deceased placed trust and confidence in Philip, that each gift was a transaction calling for explanation, and that Philip failed to rebut the presumption of undue influence. The deceased did not receive independent advice sufficient to emancipate her will or fully inform her of the nature...

Source-derived case information.

Parties
Claimant: Geoffrey Herbert Thomas Randall; Defendant: Philip William Charles Randall
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Civil / Final Judgment
Outcome
judgment for claimant
Legal Topics
Undue Influence, Lifetime Gifts, Presumed Undue Influence, Trusts, Inheritance Tax, Capacity
Equity Property Law Undue Influence Lifetime Gifts Presumed Undue Influence Trusts Inheritance Tax Capacity

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Summary, issues, holding and outcome

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Parties

Geoffrey Herbert Thomas Randall

Claimant

Philip William Charles Randall

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the four gifts made by the deceased to Philip should be set aside for presumed undue influence
  2. 2 Whether Philip holds any of the gifted land on trust for Geoffrey or other beneficiaries

Ratio Decidendi

The court found that the deceased placed trust and confidence in Philip, that each gift was a transaction calling for explanation, and that Philip failed to rebut the presumption of undue influence. The deceased did not receive independent advice sufficient to emancipate her will or fully inform her of the nature and effect of the gifts. Accordingly, all four gifts were set aside.

Court Disposition

judgment for claimant

Orders

  • Each of the first to fourth gifts made by the deceased to Philip is set aside.