Allwood v Allwood

The case of Allwood v Allwood involved a dispute between siblings over the management of their elderly mother's property. The plaintiff, Allwood, sought an extension of an injunction that restrained his mother from dealing with her property. The plaintiff's motivation was his concern that his brother, the defendant, who lived with their mother, might take advantage of her. The matter was heard in the Supreme Court.

The legal issues before the court included whether it had the jurisdiction to make orders for the protection of the elderly woman from any improper pressure or undue influence. Additionally, there was a serious question as to whether the defendant was incapable of managing her affairs. The court also needed to consider whether there was a real threat that the defendant might dissipate her own property.

The court found that the evidence of any risk was very slight, and the risk was not sufficient to warrant extending the injunction. The court held that while there was a serious question to be tried as to whether the defendant was incapable of managing her affairs, this was not enough to justify the continued restraint of her property. Consequently, the court dissolved the injunction, and no further orders were made.