header-logo header-logo

Wills and Probate

Hogg v Hogg; Hogg v Otford Tool & Gauge Co Ltd [2007] EWHC 2240 (Ch), [2007] All ER (D) 54 (Oct)

In 2001 William Hogg set up two settlements (the settlements). His son (R) and daughter (A) were appointed as trustees. There was an additional earlier settlement of shares in a family company which benefited A and another daughter S, but not R.

R was initially a beneficiary and trustee under the settlements until Mr Hogg executed deeds removing R as trustee and excluding him from benefiting under both settlements. R claimed that Mr Hogg had entered into the deeds of exclusion and removal by virtue of undue influence exerted on him by A.

In considering the claim, Mr Justice Lindsay noted that where undue influence is asserted:

 

“The personalities involved become relevant. A factor in judging whether a given transaction has been a product of undue influence includes an examination of how the ‘victim’ behaved normally, when free from influence.” (para 44)

 

The evidence in the case did not paint a picture of Mr Hogg as a man who was likely to be easily persuaded against his will. It also portrayed a person whose “beliefs paid little regard to a commonly recognised need for equality of disposition to children”.

Lindsay J accepted that Mr Hogg did repose trust and confidence in A who was his primary carer, but held that the transactions could be sufficiently accounted for by ordinary motives. The evidential burden of proving undue influence remained on R, therefore, and he had failed to satisfy it for the following reasons.

(i) A’s position as Mr Hogg’s carer was not secure or assured.

(ii) Mr Hogg had a motive to enter into the deeds since he appears to have believed R was under the influence of a person he had a strong dislike for and whom he did not trust.

(iii) The deeds were drawn up by a solicitor who “had sufficient contact with the family to be able to give detailed evidence on the deeds”. He was trustee of one of the settlements, had administered Mr Hogg’s wife’s estate, and had prepared a will for Mr Hogg. He had two meetings with Mr Hogg to take instructions on preparing the deeds.

Issue: 7308 / Categories: Legal News , Public , Legal services , Wills & Probate
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll