Paul Hewitt, Paola Fudakowska and Stephen Richards report on recent cases
In Sillett & Lowe v Meek [2007] EWHC 1169 (Ch), [2007] All ER (D) 248 (May), the deceased (Mrs W) had transferred an investment account into joint names with the defendant (Mrs M) two years before her death. The issue before the court was whether the transfer was made for administrative convenience and Mrs M held her interest in the account on resulting trust for Mrs W’s estate, or if it was intended as a gift. If the transfer amounted to a gift, the claimants alleged that there was a relationship of trust and confidence between Mrs W and Mrs M which raised a presumption of undue influence which Mrs M would not be able to rebut.
Michael Furness QC, sitting as a deputy judge of the High Court, held that Mrs W did not intend Mrs M to take the account beneficially:
- If Mrs W intended to give the account to Mrs M after her death she did
