McCarthy v McCarthy [2020] EW Misc 10 (CC) (10 July 2020)

McCarthy v McCarthy [2020] EW Misc 10 (CC) (10 July 2020)

The court found that Mrs Wilcox understood and willingly signed the deed of trust, and there was no evidence of undue influence or duress. Edward McCarthy is entitled to have the property transferred into his name.

Citation
[2020] EW Misc 10 (CC)
Parties
Claimant: Edward Paul McCarthy; Defendant: Dennis Robert McCarthy; Defendant: Lesley Joan McCarthy
Jurisdiction
England and Wales
Judgment Date
10 July 2020
Procedural Posture
Civil / Final Judgment
Outcome
claim allowed
Legal Topics
Validity of Deed of Trust, Undue Influence, Testamentary Capacity
Trusts Probate Property Validity of Deed of Trust Undue Influence Testamentary Capacity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Edward Paul McCarthy

Claimant

Dennis Robert McCarthy

Defendant

Lesley Joan McCarthy

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the deed of trust dated 23 March 1998 is valid and enforceable
  2. 2 Whether Mrs Wilcox signed the deed under duress or without understanding
  3. 3 Whether the October 2014 will was executed under undue influence

Ratio Decidendi

The court found that Mrs Wilcox understood and willingly signed the deed of trust, and there was no evidence of undue influence or duress. Edward McCarthy is entitled to have the property transferred into his name.

Court Disposition

claim allowed

Orders

  • The property at 150 Brynglas, Hollybush, Cwmbran shall be transferred to Edward Paul McCarthy.
  • Any consequential matters such as costs and permission to appeal to be determined by written submissions within 7 days.