Naidoo v Barton & Anor (Undue influence - mutual wills - fraudulent misrepresentation - mistake - laches) [2023] EWHC 500 (Ch) (08 March 2023)

Naidoo v Barton & Anor (Undue influence - mutual wills - fraudulent misrepresentation - mistake - laches) [2023] EWHC 500 (Ch) (08 March 2023)

The 2015 Will is valid and should be pronounced in solemn form. The mutual wills agreement of 1998 is voidable for mistake and undue influence and is set aside. The 2000 Agreement and Policy Trusts were procured by Mr Barton's undue influence and are rescinded. The transfers of shares in Choiceclassic Ltd are not set aside, as the claimant failed to prove a relationship of trust and confidence or undue influence at the relevant time. The defence of laches does not bar relief. Orders for rescission are subject to the Crown and relevant authorities being given an opportunity to be heard due to the subsisting restraint order.

Citation
[2023] EWHC 500 (Ch)
Parties
Claimant: Charan-Jyothi Ramamurthie Naidoo; First Defendant: David Barton; Second Defendant: Lucinda Jane Barton
Jurisdiction
England and Wales
Judgment Date
08 March 2023
Procedural Posture
Probate/chancery Property, Trusts and Probate / High Court Trial Judgment
Outcome
Claim substantially allowed in favour of the claimant, subject to further submissions regarding the restraint order and the Crown's interests.
Legal Topics
Undue Influence, Mutual Wills, Fraudulent Misrepresentation, Mistake, Laches, Rescission of Transactions
Equity Probate Trusts Property Law Contract Law Undue Influence Mutual Wills Fraudulent Misrepresentation +3 more

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Parties

Charan-Jyothi Ramamurthie Naidoo

Claimant

David Barton

First Defendant

Lucinda Jane Barton

Second Defendant

Procedural Posture

Probate/chancery Property, Trusts and Probate / High Court Trial Judgment

Legal Issues

  1. 1 Whether Mrs Naidoo's 2015 Will is valid and should be pronounced in solemn form
  2. 2 Whether the mutual wills agreement of 1998 is voidable for mistake or undue influence
  3. 3 Whether the 2000 Agreement and Policy Trusts were procured by undue influence or fraudulent misrepresentation

Ratio Decidendi

The 2015 Will is valid and should be pronounced in solemn form. The mutual wills agreement of 1998 is voidable for mistake and undue influence and is set aside. The 2000 Agreement and Policy Trusts were procured by Mr Barton's undue influence and are rescinded. The transfers of shares in Choiceclassic Ltd are not set aside, as the claimant failed to prove a relationship of trust and confidence or undue influence at the relevant time. The defence of laches does not bar relief. Orders for rescission are subject to the Crown and relevant authorities being given an opportunity to be heard due to the subsisting restraint order.

Court Disposition

Claim substantially allowed in favour of the claimant, subject to further submissions regarding the restraint order and the Crown's interests.

Orders

  • Pronouncement in solemn form for the validity of Mrs Naidoo’s 2015 Will and the claimant’s appointment as executor.
  • Rescission of the mutual wills agreement of 1998.