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29
Jan
2016

Philip Simpson QC Successful in Action for Reduction on Grounds of Facility and Circumvention and Undue Influence

Terra Firma Chambers' Philip Simpson QC successfully acted for the pursuer, as executor of an estate, in challenging transactions by which the deceased had given properties to two of her sons before she died. The grounds of challenge were facility and circumvention and undue influence.

in the case of  Alexander Lloyd Matossian as Executor‑Nominate of the Late Audrey Matossian v (First) Berj Vartan John Matossian and (Second) Richard Haig Matossian Lord Uist ruled that the two sons had used their “dominant influence” and the trust that arose from the relationship to gain a “material benefit” to the prejudice of their late mother, who did not have access to independent legal advice when she gave away the properties.

The judgement can be viewed here.

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