Gladstone & Anor v White & Ors [2023] EWHC 329 (Ch) (17 February 2023)

Gladstone & Anor v White & Ors [2023] EWHC 329 (Ch) (17 February 2023)

Leigh White failed to establish a proprietary estoppel entitling her to remain at or inherit Wotton House or the London properties, as the assurances were insufficiently clear and did not amount to a binding promise of inheritance or occupation before David Gladstone's death. Her detrimental reliance was not established to the requisite standard. The assignments of the investment bonds to Leigh White were procured in circumstances giving rise to a presumption of undue influence, which Leigh failed to rebut; accordingly, the assignments are set aside. Leigh White is to be removed as trustee of the new WEMF, as the relationship with the settlor and other trustees has irretrievably broken down.

Citation
[2023] EWHC 329 (Ch)
Parties
First Claimant and Part 20 Defendant: David Arthur Steuart Gladstone; Second Claimant: Matthew Adrian Steuart Gladstone; First Defendant and Part 20 Claimant: Leigh Elaine Anna White; Second Defendant: Nigel George Frostick; Third Defendant: Gilda Beryl Barrett
Jurisdiction
England and Wales
Judgment Date
17 February 2023
Procedural Posture
Chancery Division Property, Trusts and Probate / First Instance Judgment After Trial
Outcome
Claim for possession of Wotton House granted; assignments of investment bonds set aside for undue influence; Leigh White removed as trustee of the new WEMF; counterclaim for proprietary estoppel and transfer of properties dismissed.
Legal Topics
Proprietary Estoppel, Undue Influence, Trustee Removal, Possession Proceedings
Equity Property Law Trusts and Estates Proprietary Estoppel Undue Influence Trustee Removal Possession Proceedings

Case Brief

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Parties

David Arthur Steuart Gladstone

First Claimant and Part 20 Defendant

Matthew Adrian Steuart Gladstone

Second Claimant

Leigh Elaine Anna White

First Defendant and Part 20 Claimant

Nigel George Frostick

Second Defendant

Gilda Beryl Barrett

Third Defendant

Procedural Posture

Chancery Division Property, Trusts and Probate / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether proprietary estoppel entitles Leigh White to remain at or inherit Wotton House and associated properties
  2. 2 Whether assignments of investment bonds to Leigh White were procured by undue influence and should be set aside
  3. 3 Whether Leigh White should be removed as trustee of the new WEMF

Ratio Decidendi

Leigh White failed to establish a proprietary estoppel entitling her to remain at or inherit Wotton House or the London properties, as the assurances were insufficiently clear and did not amount to a binding promise of inheritance or occupation before David Gladstone's death. Her detrimental reliance was not established to the requisite standard. The assignments of the investment bonds to Leigh White were procured in circumstances giving rise to a presumption of undue influence, which Leigh failed to rebut; accordingly, the assignments are set aside. Leigh White is to be removed as trustee of the new WEMF, as the relationship with the settlor and other trustees has irretrievably broken down.

Court Disposition

Claim for possession of Wotton House granted; assignments of investment bonds set aside for undue influence; Leigh White removed as trustee of the new WEMF; counterclaim for proprietary estoppel and transfer of properties dismissed.

Orders

  • Leigh White to give up possession of Wotton House to David Gladstone.
  • Assignments of six investment assurance bonds to Leigh White rescinded and set aside.