Gary Alexander MacDougall v Lloyd Philip Thomas & Ors

Gary Alexander MacDougall v Lloyd Philip Thomas & Ors

The 2011 Will and 2013 Codicil are valid: Jeanne MacDougall had testamentary capacity, knew and approved the contents, and was not subject to testamentary undue influence. Lifetime gifts of Peacehaven and Argyle Road were procured by undue influence and rescinded. The 2015 gift of 21 Avenue Crescent was voidable for lack of capacity and undue influence, but as the property remains in the estate, it passes to Sandra and Philip under the 2011 Will. The lease of 22 Avenue Gardens was granted at an undervalue in breach of attorney's duties; equitable compensation is payable to the estate. The sale of 45 Berrymead Gardens lawfully adeemed the legacy. Misuse of Jeanne's bank accounts by...

Parties
Claimant: Mr Gary Alexander MacDougall; First Defendant: Mr Lloyd Philip Thomas; Second Defendant: Mrs Sandra Ann Thomas; Third Defendant (administrator): Thomson Snell & Passmore Trust Corporation
Jurisdiction
England and Wales
Judgment Date
21 May 2026
Procedural Posture
Probate/trusts/property—contested Probate and Derivative Claims / Final Judgment After Full Trial of Liability and Principle as to Quantum
Outcome
2011 Will and 2013 Codicil pronounced valid; lifetime gifts of Peacehaven and Argyle Road rescinded for undue influence; 21 Avenue Crescent gift voidable for lack of capacity/undue influence but passes under will; lease of 22 Avenue Gardens at undervalue—equitable compensation ordered; sale of 45 Berrymead Gardens...
Legal Topics
Testamentary Capacity, Knowledge and Approval, Testamentary Undue Influence, Lifetime Gifts—undue Influence, Attorney's Duties Under LPA, Ademption, Proprietary Estoppel, Equitable Compensation, Breach of Fiduciary Duty
Probate Trusts Property Law Equity Mental Capacity Testamentary Capacity Knowledge and Approval Testamentary Undue Influence +6 more

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Parties

Mr Gary Alexander MacDougall

Claimant

Mr Lloyd Philip Thomas

First Defendant

Mrs Sandra Ann Thomas

Second Defendant

Thomson Snell & Passmore Trust Corporation

Third Defendant (administrator)

Procedural Posture

Probate/trusts/property—contested Probate and Derivative Claims / Final Judgment After Full Trial of Liability and Principle as to Quantum

Legal Issues

  1. 1 Validity of the 2011 Will of Jeanne Emily MacDougall (testamentary capacity, knowledge and approval, undue influence)
  2. 2 Validity of the 2013 Codicil
  3. 3 Validity of various lifetime gifts and transactions (undue influence, lack of capacity, breach of attorney's duties)

Ratio Decidendi

The 2011 Will and 2013 Codicil are valid: Jeanne MacDougall had testamentary capacity, knew and approved the contents, and was not subject to testamentary undue influence. Lifetime gifts of Peacehaven and Argyle Road were procured by undue influence and rescinded. The 2015 gift of 21 Avenue Crescent was voidable for lack of capacity and undue influence, but as the property remains in the estate, it passes to Sandra and Philip under the 2011 Will. The lease of 22 Avenue Gardens was granted at an undervalue in breach of attorney's duties; equitable compensation is payable to the estate. The sale of 45 Berrymead Gardens lawfully adeemed the legacy. Misuse of Jeanne's bank accounts by...

Court Disposition

2011 Will and 2013 Codicil pronounced valid; lifetime gifts of Peacehaven and Argyle Road rescinded for undue influence; 21 Avenue Crescent gift voidable for lack of capacity/undue influence but passes under will; lease of 22 Avenue Gardens at undervalue—equitable compensation ordered; sale of 45 Berrymead Gardens...

Orders

  • Pronouncement in favour of the 2011 Will and 2013 Codicil
  • Rescission of transfers of Peacehaven and Argyle Road for undue influence