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Can I raise a formal complaint?

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  • #16
    Property originally owned by victim.

    New relationship began many years later, other party then arranged deed of trust allocating percentage of property which then increased annually each year until property sold following relationship breakdown. The deed was organised via a solicitor that completed a home visit at the other partys behest. The victim was not vulnerable or infirm at that time, there was no identifiable need for a home visit.

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    • #17
      You are starting to disclose circumstances in which questions may properly be asked of the solicitor.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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      • #18
        Freedom23 - the title of this thread asks if you can make a complaint.

        What is your standing in this if you are not the "victim"? If you aren't the victim, is the victim still alive and of full capacity? Any powers of attorney?

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        • #19
          I have come back to add a few notes abut undue influence, having just written something rather longer in notes for students.

          Undue influence occurs when the "target" (for want of a better word) is coerced, manipulated, or pressured by another person to do something in a way that does not reflect their true wishes. Case law such as Walker v Hall [1984] 1 WLR 1202 (a case about a Will) show that the influence must be "undue" and result in the influencer's will being substituted for the target's.

          To prove undue influence, it must be shown that:

          a. There was a relationship between the target and the influencer.
          b. The influencer had the opportunity to exert undue pressure on the target.
          c. The target's free will was overborne by the influencer.

          Then, as Manxman rightly indicates, there is the question of the OP's standing in all this. Is the "target" in this case still with us?

          .
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

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