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The Court of Appeal dismissed an appeal from the High Court, and affirmed a decision to enforce guarantees totalling €11.5 million against the estate of a deceased individual, despite claims of undue influence by his son and inadequate independent legal advice. The High Court found that the deceased had the capacity to execute the guarantees and was not subject to undue influence at the time of signing. The Court of Appeal concluded that the bank took reasonable steps to ensure the deceased understood the transaction and was entitled to rely on the executed guarantees and the solicitor's confirmation of the deceased's understanding.
Court of Appeal, guarantees, undue influence, independent legal advice, enforceability, estate, presumption of undue influence, improvident transaction, legal capacity, solicitor's confirmation, reasonable steps, financial transaction, Royal Bank of Scotland v. Etridge (no.2), Tynan v. Registrar for the County of Kilkenny, Consumer Credit Act, mortgage, security, borrower, lender, surety, presumption rebuttal, transaction structure, bank's duty of disclosure.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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