Todd v Parsons & Ors

Todd v Parsons & Ors

The 2008 will is valid as the deceased had testamentary capacity, knew and approved its contents, and was not subject to undue influence or fraudulent calumny. However, a proprietary estoppel equity arose in favour of the third defendant regarding West Winds, as there was a clear promise, reliance, and detriment. The estate holds West Winds on trust for the third defendant or her nominee. The executors are to be removed and an independent personal representative appointed.

Parties
Claimant: Michael James Todd; First Defendant: Alexandra Deborah Louise Parsons; Second Defendant: David Patrick Christopher O’Hagan; Third Defendant: Elizabeth Jane Todd
Jurisdiction
England and Wales
Judgment Date
12 December 2019
Procedural Posture
Probate and Property Trusts / Trial Judgment
Outcome
The 2008 will is admitted to probate in solemn form; West Winds is declared held on trust for the third defendant or her nominee; the executors are to be removed and an independent personal representative appointed.
Legal Topics
Testamentary Capacity, Proprietary Estoppel, Constructive Trust, Undue Influence, Knowledge and Approval, Fraudulent Calumny, Removal of Executors
Probate Trusts Property Law Equity Testamentary Capacity Proprietary Estoppel Constructive Trust Undue Influence +3 more

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Parties

Michael James Todd

Claimant

Alexandra Deborah Louise Parsons

First Defendant

David Patrick Christopher O’Hagan

Second Defendant

Elizabeth Jane Todd

Third Defendant

Procedural Posture

Probate and Property Trusts / Trial Judgment

Legal Issues

  1. 1 Validity of the 2008 will of Minnie Eileen Todd
  2. 2 Whether proprietary estoppel or constructive trust entitles the third defendant to West Winds
  3. 3 Whether the will was procured by undue influence or fraudulent calumny

Ratio Decidendi

The 2008 will is valid as the deceased had testamentary capacity, knew and approved its contents, and was not subject to undue influence or fraudulent calumny. However, a proprietary estoppel equity arose in favour of the third defendant regarding West Winds, as there was a clear promise, reliance, and detriment. The estate holds West Winds on trust for the third defendant or her nominee. The executors are to be removed and an independent personal representative appointed.

Court Disposition

The 2008 will is admitted to probate in solemn form; West Winds is declared held on trust for the third defendant or her nominee; the executors are to be removed and an independent personal representative appointed.

Orders

  • Probate in solemn form granted for the 2008 will of Minnie Eileen Todd.
  • Declaration that West Winds is held on trust for the third defendant or her nominee by proprietary estoppel.