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United Kingdom undue influenceburden of proof

Cowderoy v Cranfield

[2011] EWHC 1616 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court (Chancery Division)
Year2011
StatusPersuasive authority

Key Principle

A challenge to a will for want of testamentary capacity, want of knowledge and approval, or undue influence must be assessed on the civil balance of probabilities, but the more serious the allegation (particularly undue influence) the stronger the evidence required, and undue influence carries no presumption and must be affirmatively proved by the party alleging it.

Area of Law

General

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