McLean & Ors v McLean [2023] EWHC 1863 (Ch) (20 July 2023)

McLean & Ors v McLean [2023] EWHC 1863 (Ch) (20 July 2023)

There was no legally binding agreement between Maureen and Reginald that neither would revoke the 2017 wills; only trust and moral obligation existed, which is insufficient for the doctrine of mutual wills. Proprietary estoppel was not established due to lack of binding assurance and reliance. The appeal fails on both grounds.

Citation
[2023] EWHC 1863 (Ch)
Parties
Claimant/appellant: Ian Paul McLean; Claimant/appellant: Sean Andrew Frederick McLean; Claimant/appellant: Lorraine Pomeroy; Defendant/respondent: Brett Reginald McLean
Jurisdiction
England and Wales
Judgment Date
20 July 2023
Procedural Posture
Appeal / Judgment on Appeal From Central London County Court
Outcome
Appeal dismissed
Legal Topics
Mutual Wills, Proprietary Estoppel, Testamentary Agreements, Revocation of Wills
Trusts and Estates Equity Wills and Probate Mutual Wills Proprietary Estoppel Testamentary Agreements Revocation of Wills

Case Brief

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Parties

Ian Paul McLean

Claimant/appellant

Sean Andrew Frederick McLean

Claimant/appellant

Lorraine Pomeroy

Claimant/appellant

Brett Reginald McLean

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether the 2017 wills constituted mutual wills creating a binding trust for all four children
  2. 2 Whether proprietary estoppel can substitute for a binding agreement in the doctrine of mutual wills

Ratio Decidendi

There was no legally binding agreement between Maureen and Reginald that neither would revoke the 2017 wills; only trust and moral obligation existed, which is insufficient for the doctrine of mutual wills. Proprietary estoppel was not established due to lack of binding assurance and reliance. The appeal fails on both grounds.

Court Disposition

Appeal dismissed

Orders

  • No mutual wills trust established
  • Maureen was legally entitled to change her will and make the 2019 will giving her estate to Brett