White v Wills

The case of White v Wills involves the plaintiff, Mrs. White, who sought to establish whether the presumption of undue influence arose in her execution of a deed, which purported to revoke her will in favour of her daughter, Mrs. Wills. The High Court of Australia was tasked with resolving this dispute, considering both equitable principles and statutory provisions, including those under the Contracts Review Act.

The primary legal issues the Court addressed were whether a presumption of undue influence was applicable in the context of the execution of the deed, whether this presumption had been successfully rebutted, and if the transaction was improvident or unjust. The Court also considered whether Mrs. White had received independent legal advice before executing the deed and whether the doctrine of suspicious circumstances was applicable. Furthermore, the Court examined whether the transaction was unjust under the Contracts Review Act, potentially rendering the deed voidable.

In its decision, the Court held that a presumption of undue influence did arise given the relationship between the parties and the nature of the transaction. The Court found that this presumption was not rebutted by the defendants, as there was insufficient evidence to show that Mrs. White had freely exercised her will in executing the deed. The Court determined that the transaction was improvident and unjust, particularly in light of the lack of independent legal advice received by Mrs. White. The doctrine of suspicious circumstances was also found to apply, further supporting the plaintiff's position. Consequently, the Court concluded that the deed was voidable under the Contracts Review Act.

The Court ordered that the deed revoking Mrs. White's will in favour of Mrs. Wills be set aside, reinstating the terms of her original will. The Court's decision emphasised the importance of independent legal advice in such transactions and the stringent scrutiny applied to relationships involving potential undue influence.