Post-separation relationship insufficient to trigger presumption of undue influence

Table of contents

• Nature of relationship
• Transaction
• Rebuttal of presumption
• Deterioration in health
• Unconscionable bargain?

Article summary

The limited relationship of trust and confidence between a separated couple did not trigger a presumption of undue influence. Even if it had, the transaction did not. It was not unfair. A deterioration in health of one party prior to registration of the transaction, but some time after it was agreed following the parties separation, did not alter the position.