Private Client analysis: This preliminary issue trial (in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)) concerned the extent of the deceased’s interest in two properties. Number 51 Ravensbourne Park Crescent (‘51 RPC’) was originally registered in the names of the deceased and his wife (the claimant). By a transfer dated 26 September 2016 (‘the Transfer’), 51 RPC was transferred for nil consideration to the deceased, the claimant and the claimant’s granddaughter, who was the Ninth defendant, as joint tenants in law and equity (though the joint tenancy was later severed in 2019). The defendants sought to set aside the transfer on the basis of, inter alia, undue influence. The court held that although the claimant and/or the ninth defendant did not fall into any of the categories in which a relationship of influence will automatically be presumed, on the evidence there was in fact a relationship of trust and confidence between the claimant and the deceased. The transaction was one which called for an explanation as it gave away part of the deceased’s property for no objectively justifiable reason. There was therefore a presumption of undue influence, which could not be rebutted by the claimant and/or ninth defendant on the evidence. The judgment also reiterated the distinction between the concept of ownership as a matter of property law, and the family law principles which apply in financial remedy proceedings on divorce when determining what is and is not matrimonial property. The claimant’s claim that a property owned solely by the deceased had become joint property by reason of their marriage was dismissed. Written by Holly Challenger, barrister at Parklane Plowden Chambers.