eBook details
- Title: Undue Influence, The Elderly and Equity Release Schemes (Report)
- Author : Elder Law Review
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 122 KB
Description
(1) INTRODUCTION Issues relating to the elderly, their homes and the transactions they enter into have attracted considerable attention, both in England and Wales and elsewhere, in recent years. (1) One central concern has related to the dramatic increase in the use of equity release schemes in recent years. This article explores the social, economic, political and legal contexts in which this growth in the market for equity release products has taken place. It also considers the arguments for constructing elderly homeowners as 'vulnerable' in the context of equity release, and reviews the legal mechanisms currently available in English law to address these issues. In particular, this paper maintains that the equitable doctrine of undue influence has an important role to play in providing a measure of legal protection for elderly homeowners who engage in these financial transactions.