Principle

EQUITY AND TRUSTS — Undue Influence — Burden of Proof — Burden on Donee to Show Righteousness of Transaction in Presumed Undue Influence Cases

Area of law
EQUITY AND TRUSTS
Court
Supreme Court

In presumed undue influence cases, the beneficiary bears the burden. The principle applies to fiduciary relationships. The donee must prove the transaction was independent and spontaneous. The rule protects vulnerable parties. The burden shifts once a relationship of influence is shown. The principle is equitable.

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