Hart v Burbidge

Presumed undue influence over inter vivos transactions is established by (i) a relationship of trust, confidence, reliance, dependence or vulnerability on one side and ascendancy, domination or control on the other, plus (ii) a transaction calling for explanation, whereupon the burden shifts to the beneficiary to show the transferor's free, independent will; proof of independent advice is one but not the only or necessarily a sufficient way of doing so.