Allcard v Skinner

Facts

A member of a religious sisterhood gave substantial property to the lady superior. She left the order and, years later, asked for it back.

Issue

Was the gift voidable for undue influence, and was the claim too late?

Held

The influence was presumed from the relationship. The claim failed because she had waited too long after she was free of it.

Principle

Presumed undue influence makes a gift voidable, but delay after the influence ends can bar relief.

Why it matters

It is both the relationship case and the delay case.

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