Mackay v Wesley [2020] EWHC 1215 (Ch) (18 May 2020)

Mackay v Wesley [2020] EWHC 1215 (Ch) (18 May 2020)

The appointment of the Claimant as trustee was procured under circumstances of undue influence and mistake, with the Claimant lacking capacity due to emotional distress and not understanding the nature or consequences of the appointment. The court is satisfied that the appointment should be rescinded.

Citation
[2020] EWHC 1215 (Ch)
Parties
Claimant: Nicola Suzanne Mackay; Defendant: David Stuart Wesley
Jurisdiction
England and Wales
Judgment Date
18 May 2020
Procedural Posture
Part 7 Claim (treated as Part 8) / Disposal Hearing and Summary Judgment Application
Outcome
Claim granted; appointment of Claimant as trustee rescinded.
Legal Topics
Trustee Appointment, Undue Influence, Mistake, Capacity, Non Est Factum, Capital Gains Tax Liability
Trusts and Equity Tax Law Trustee Appointment Undue Influence Mistake Capacity Non Est Factum Capital Gains Tax Liability

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Parties

Nicola Suzanne Mackay

Claimant

David Stuart Wesley

Defendant

Procedural Posture

Part 7 Claim (treated as Part 8) / Disposal Hearing and Summary Judgment Application

Legal Issues

  1. 1 Whether the appointment of the Claimant as trustee should be rescinded
  2. 2 Whether the Claimant ever became a trustee of the Settlement
  3. 3 Whether grounds of undue influence, mistake, lack of capacity, or non est factum apply

Ratio Decidendi

The appointment of the Claimant as trustee was procured under circumstances of undue influence and mistake, with the Claimant lacking capacity due to emotional distress and not understanding the nature or consequences of the appointment. The court is satisfied that the appointment should be rescinded.

Court Disposition

Claim granted; appointment of Claimant as trustee rescinded.

Orders

  • Appointment of Nicola Suzanne Mackay as trustee of the Ellen Morris 1990 Settlement pursuant to Deed of Appointment dated 19 March 2003 is rescinded.
  • Declaration that Nicola Suzanne Mackay never became a trustee of the Settlement.