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The Privy Council dismissed an appeal over a Trinidad and Tobago probate dispute, holding that the testator knew and approved his will’s contents.
The Privy Council restored the trial judge’s dismissal of undue influence claims over 2007 land transfers from Austin Jude to his son Vandyke Jude.
The Privy Council upheld the setting aside of a conveyance of land, finding Ravi was the beneficial owner and that the 2006 sale was tainted by undue influence.
The Privy Council dismissed Nature Resorts Ltd’s appeal on undue influence, holding any presumption was rebutted by the facts. It declined to decide the financial assistance issue.
The Privy Council dismissed Dr Dass’s appeal, affirming that the claimants were tricked into conveying their property and that concurrent factual findings should stand.
Wesley & Anor v Revenue & Customs (CAPITAL GAINS TAX - Potential liability of the Appellants to CGT liabilities of a trust) [2019] UKFTT 259 (TC) (15 April 2019)
The tribunal allowed the second appellant to add new grounds based on mistake, undue influence, and non est factum in a CGT trust appeal.
Wesley & Anor v Revenue & Customs (CAPITAL GAINS TAX - Potential liability of the Appellants to CGT liabilities of a trust) [2019] UKFTT 259 (TC) (15 April 2019)
The Tribunal allowed a late application by the second appellant to add grounds based on mistake, undue influence, and non est factum in a CGT trust dispute.
The Privy Council upheld findings that Mrs Desir exercised actual undue influence over Mrs Butcher, but set aside improbation of the deed for procedural reasons.
Lows v. Guthrie and Another (Low's Trustees) [1909] UKHL 639 (26 March 1909)
The House of Lords dismissed a challenge to a will, holding there was no evidence of undue influence or fraud and that the attestation objection failed.
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