MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch) (21 May 2026)

MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch) (21 May 2026)

The court found that Jeanne Emily MacDougall had testamentary capacity when executing the 2011 Will and was not subject to undue influence. The 2011 Will was valid and should be admitted to probate. Most of the challenged lifetime gifts and transactions were upheld as valid, except for certain transactions where Sandra and Philip, as attorneys, exceeded their authority and breached fiduciary duties under the LPA, particularly in relation to the use of Jeanne's funds for their own benefit after Jeanne lost capacity. The court ordered an account and inquiry into those transactions. Claims of proprietary estoppel and undue influence in relation to specific properties were rejected. Ademption...

Citation
[2026] EWHC 1142 (Ch)
Parties
Claimant: Mr Gary Alexander MacDougall; First Defendant: Mr Lloyd Philip Thomas; Second Defendant: Mrs Sandra Ann Thomas; Third Defendant: Thomson Snell & Passmore Trust Corporation
Jurisdiction
England and Wales
Judgment Date
21 May 2026
Procedural Posture
Probate/chancery / First Instance Judgment After Trial
Outcome
Claim dismissed in substantial part; 2011 Will admitted to probate; limited relief granted against attorneys for breach of duty
Legal Topics
Validity of Wills, Testamentary Capacity, Undue Influence, Ademption, Attorney Duties Under LPA, Proprietary Estoppel, Lifetime Gifts, Breach of Fiduciary Duty
Probate Trusts Property Law Equity Validity of Wills Testamentary Capacity Undue Influence Ademption +4 more

Case Brief

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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

Procedural Posture

Probate/chancery / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether the 2011 Will of Jeanne Emily MacDougall is valid and should be admitted to probate
  2. 2 Whether the 2008 Will should be admitted to probate instead
  3. 3 Whether various lifetime gifts and transactions (2005-2020) were procured by undue influence, lack of capacity, or breach of attorney's duties

Ratio Decidendi

The court found that Jeanne Emily MacDougall had testamentary capacity when executing the 2011 Will and was not subject to undue influence. The 2011 Will was valid and should be admitted to probate. Most of the challenged lifetime gifts and transactions were upheld as valid, except for certain transactions where Sandra and Philip, as attorneys, exceeded their authority and breached fiduciary duties under the LPA, particularly in relation to the use of Jeanne's funds for their own benefit after Jeanne lost capacity. The court ordered an account and inquiry into those transactions. Claims of proprietary estoppel and undue influence in relation to specific properties were rejected. Ademption...

Court Disposition

Claim dismissed in substantial part; 2011 Will admitted to probate; limited relief granted against attorneys for breach of duty

Orders

  • Pronouncement in favour of the 2011 Will and grant of probate to Sandra and Philip Thomas
  • Order for account and inquiry into the use of Jeanne's funds by Sandra and Philip as attorneys from 2012 to 2020, with directions for repayment of sums found to be misapplied