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Equity and the Law of Trusts in the Republic of Ireland

Rebutting the Presumption of Undue Influence

In Chapter 28: Constructive Fraud: Undue Influence and Unconscionable Transactions

Equity and the Law of Trusts in the Republic of Ireland

Author:
Ronan Keane
Publisher:
Bloomsbury Professional
Edition:
Second edition
Publication Date:
2011
Law As Stated At:
1 September 2011
[28.31] Where the presumption of undue influence arises, it is rebutted by proof, on the balance of probabilities, that the transaction was the result of the free exercise of the will of the party alleged to have acted under undue influence. While one way of doing this is to show that the party concerned was independently advised by a competent person, that is not the only manner in which the presumption may be rebutted. The law was stated as follows by Budd J in Gregg v Kidd : Gregg v Kidd [1956] IR 183. The presumption may ... be rebutted either by showing that the donor has had competent independent advice and ...
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