Charan-Jyothi Ramamurthie Naidoo v David Barton & Anor

Charan-Jyothi Ramamurthie Naidoo v David Barton & Anor

The mutual wills agreement of 1998 and subsequent Policy Trusts and 2000 Agreement were procured by Mr Barton's undue influence over Mrs Naidoo, who was in a relationship of trust and dependency. Independent legal advice was insufficient to free her will. The 2015 Will is valid and takes effect. The Choiceclassic share transfers were not procured by undue influence and are not rescinded. Fraudulent misrepresentation claim failed due to unreliable evidence. Laches does not bar relief as Mrs Naidoo remained vulnerable and did not acquiesce.

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
Civil / Final Judgment After Trial
Outcome
Claim partly allowed; mutual wills agreement, 2000 Agreement, and Policy Trusts set aside for undue influence; 2015 Will pronounced valid; Choiceclassic share transfers not rescinded.
Legal Topics
Undue Influence, Mutual Wills, Fraudulent Misrepresentation, Mistake, Laches, Rescission, Constructive Trusts
Equity Trusts and Probate Contract Law Property Law Undue Influence Mutual Wills Fraudulent Misrepresentation Mistake +3 more

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Parties

Charan-Jyothi Ramamurthie Naidoo

Claimant

David Barton

First Defendant

Lucinda Jane Barton

Second Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the 2015 Will of Mrs Naidoo is valid and should be pronounced in solemn form
  2. 2 Whether the mutual wills agreement of 1998 should be set aside for undue influence or mistake
  3. 3 Whether the Choiceclassic share transfers of 1992 should be rescinded for undue influence

Ratio Decidendi

The mutual wills agreement of 1998 and subsequent Policy Trusts and 2000 Agreement were procured by Mr Barton's undue influence over Mrs Naidoo, who was in a relationship of trust and dependency. Independent legal advice was insufficient to free her will. The 2015 Will is valid and takes effect. The Choiceclassic share transfers were not procured by undue influence and are not rescinded. Fraudulent misrepresentation claim failed due to unreliable evidence. Laches does not bar relief as Mrs Naidoo remained vulnerable and did not acquiesce.

Court Disposition

Claim partly allowed; mutual wills agreement, 2000 Agreement, and Policy Trusts set aside for undue influence; 2015 Will pronounced valid; Choiceclassic share transfers not rescinded.

Orders

  • Order for rescission of mutual wills agreement
  • Declaration pronouncing validity of 2015 Will in solemn form