NOTE 66. ADD. In Daniel v. Drew [2005] EWCA Civ 507, [2005] W.T.L.R. 807 the Court set aside a deed of retirement of a trustee which was procured by undue influence.

NOTE 67. ADD: For undue influence in relation to wills see now the in depth analysis in Ridge "Equitable Undue Influence and Wills" [2004] 120 L.Q.R. 617. Ridge's thesis is that there is no principled reason for the continued distinction between the equitable doctrine of undue influence and the probate doctrine of undue influence. ADD: See also Cattermole v. Prisk [2006] 1 FLR 697 (which involved both testamentary and inter vivos gifts) at [13]  and Re Wilkes [2006] WTLR 1097