header-logo header-logo

Wills and Probate

Hogg v Hogg; Hogg v Otford Tool & Gauge Co Ltd [2007] EWHC 2240 (Ch), [2007] All ER (D) 54 (Oct)

In 2001 William Hogg set up two settlements (the settlements). His son (R) and daughter (A) were appointed as trustees. There was an additional earlier settlement of shares in a family company which benefited A and another daughter S, but not R.

R was initially a beneficiary and trustee under the settlements until Mr Hogg executed deeds removing R as trustee and excluding him from benefiting under both settlements. R claimed that Mr Hogg had entered into the deeds of exclusion and removal by virtue of undue influence exerted on him by A.

In considering the claim, Mr Justice Lindsay noted that where undue influence is asserted:

 

“The personalities involved become relevant. A factor in judging whether a given transaction has been a product of undue influence includes an examination of how the ‘victim’ behaved normally, when free from influence.” (para 44)

 

The evidence in the case did not paint a picture of Mr Hogg as a man who was likely to be easily persuaded against his will. It also portrayed a person whose “beliefs paid little regard to a commonly recognised need for equality of disposition to children”.

Lindsay J accepted that Mr Hogg did repose trust and confidence in A who was his primary carer, but held that the transactions could be sufficiently accounted for by ordinary motives. The evidential burden of proving undue influence remained on R, therefore, and he had failed to satisfy it for the following reasons.

(i) A’s position as Mr Hogg’s carer was not secure or assured.

(ii) Mr Hogg had a motive to enter into the deeds since he appears to have believed R was under the influence of a person he had a strong dislike for and whom he did not trust.

(iii) The deeds were drawn up by a solicitor who “had sufficient contact with the family to be able to give detailed evidence on the deeds”. He was trustee of one of the settlements, had administered Mr Hogg’s wife’s estate, and had prepared a will for Mr Hogg. He had two meetings with Mr Hogg to take instructions on preparing the deeds.

Issue: 7308 / Categories: Legal News , Public , Legal services , Wills & Probate
printer mail-details

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll