Honeyman's Executors v Sharp [1978] ScotCS CSOH_4 (14 March 1978)

Honeyman's Executors v Sharp [1978] ScotCS CSOH_4 (14 March 1978)

The averments, if proved, may establish a relationship and circumstances sufficient to raise a prima facie inference of undue influence, warranting enquiry by proof before answer rather than dismissal as irrelevant.

Citation
[1978] ScotCS CSOH_4
Parties
Pursuer: Honeyman's Executors; Defender: Sharp
Jurisdiction
Scotland
Judgment Date
14 March 1978
Procedural Posture
Civil / Preliminary Proof Before Answer
Outcome
Proof before answer allowed; action not dismissed as irrelevant.
Legal Topics
Undue Influence, Fiduciary Relationships, Gifts Inter Vivos, Reduction of Gifts
Property Law Trusts and Succession Undue Influence Fiduciary Relationships Gifts Inter Vivos Reduction of Gifts

Case Brief

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Parties

Honeyman's Executors

Pursuer

Sharp

Defender

Procedural Posture

Civil / Preliminary Proof Before Answer

Legal Issues

  1. 1 Whether the relationship between the deceased and the defender admits the application of the principle of undue influence
  2. 2 Whether the averments disclose any influence exercised by the defender on the deceased sufficient to justify reduction of the gift

Ratio Decidendi

The averments, if proved, may establish a relationship and circumstances sufficient to raise a prima facie inference of undue influence, warranting enquiry by proof before answer rather than dismissal as irrelevant.

Court Disposition

Proof before answer allowed; action not dismissed as irrelevant.

Orders

  • Allow proof before answer on the averments of undue influence.