Course content

Undue influence and undue pressure against vulnerable persons. This webinar will focus on several key areas, including:

Elder and Financial Abuse

• Definition of abuse [Section 42(3) of the Care Act 2014] and extent of the problem.
  
• Financial abuse: signs and difficulties in detection, including fears and reluctance of the victims.
• Other forms of abuse or mistreatment, including predatory marriage, misappropriation of money, and safeguarding issues.
• Role/use of the Mental Capacity Act 2005.
• Role of Office of the Public Guardian, police, other public authorities.
• Compensating victims.
• How elder/financial abuse may affect estate of vulnerable individual.
• Law Society Practice Note on Financial Abuse (2020)

Undue influence during the lifetime of a vulnerable individual

• Meeting the needs of vulnerable clients (2020).
  
• Guidance: Conflicts of Interest Solicitors Regulation Authority (2020).
• Examples of potential issue areas:

• Contracts: duress/undue influence depend to enforcement?
• Mortgages
• Equity release mortgages
• Declarations of Trust

• Lifetime gifts and vulnerable individuals
  • Law Society Guide on ‘Making Gifts of Assets’ (2019).
  • Actual undue influence
  • Presumed undue influence
  • Attorneys/deputies and lifetime gifts

Making a will: vulnerable individuals

• Fraudulent calumny
  
  • Basis of claim
  • Challenges
  • Evidence
  • Particularity
• Undue influence
  • What is undue influence in probate claims?
  • Evidential challenges
  • Burden of Proof
  • Vulnerability
  • Nature of changes
  • Involvement of professionals
  • Rate of success?
  • Solicitor’s obligations
  • Costs

Related areas of capacity and want of knowledge and approval

About the speaker

Sarah Bolt is a Senior Associate and works in the Wills, Trusts, and Estates Team in the Bristol Office of Irwin Mitchell. She has recently joined the team, having previously worked at Freeths LLP, Hugh James, and offshore in the British Virgin Islands. Sarah is over ten years qualified and experienced in dealing with high value, complex, and cross-border trust and estate disputes. She also has a wealth of experience dealing with charities and on disputes arising in the Court of Protection.