Jordan Holland acts for the successful claimant in a probate dispute in which the court set aside a mutual wills agreement on the grounds of undue influence

Jordan Holland represented the claimant executor of his deceased mother’s estate who successfully proved, after a five day trial in the High Court in Liverpool that a number of valuable transactions were procured by the undue influence of one of his brothers.

The High Court concluded that a mutual wills agreement is liable to be set aside on the same grounds as an ordinary contract (so that the evidential presumption of undue influence is available) (see para 32-41) and that in some cases of undue influence legal advice, no matter how competent or forceful, will be insufficient to rebut the presumption of undue influence.

Jordan was instructed by Hill Dickinson LLP.

A copy of the judgment can be found here.