22 May 2020 - Article
Brindley v Brindley
Alleging undue influence where sibling received property pre-death
Elis Gomer of St John's Buildings joins us to talk us through a bitter dispute between two brothers. He acted for the claimant, Alan, against his brother, Gordon.
Arguments between the two brothers over their mother's care and finances spiralled into litigation following her death. In particular, Alan challenged the transfer of his mother's Cornish home to Gordon on the grounds of undue influence. He also challenged expenditure totalling approximately £275,000 and Gordon's role as personal representative. Gordon counterclaimed alleging that Alan had failed to account for their father's gold sovereign collection.
The Judge dealt with the Cornish home and gold sovereign aspects of the dispute (the other disputes are live).
Mr Gomer will focus in particular on the undue influence allegation. He will analyse the current state of the law and its application to the facts. He will also consider how the evidence affected the outcome and other procedural issues.
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