Where a statutory presumption of undue influence arises under s 87 of the Powers of Attorney Act 1998 (Qld) from an enduring power of attorney, the burden of rebutting the presumption varies according to the nature of the relationship between the parties. Where the donor is of full capacity and the relationship is one (such as mother and son) in which a gift can be explained by motives of gratitude and affection, the degree of influence presumed is not high and the burden of rebuttal is correspondingly lighter. The existence of equitable obligations arising from mutual wills is relevant to assessing whether a gift was improvident.
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