Ben Leeson & Anor v Donald McPherson

Ben Leeson & Anor v Donald McPherson

The court found, on the balance of probabilities and based on overwhelming circumstantial evidence, that Donald McPherson unlawfully killed Paula Leeson. The forfeiture rule therefore applies, precluding him from any benefit under her will, intestacy, or jointly held assets. The 2014 Will was invalid for want of due execution due to forgery of a witness signature. Paula died intestate and Ben Leeson is entitled to Letters of Administration. McPherson is removed as trustee of the LV and SW insurance policy trusts due to manifest unsuitability and replaced by Ben Leeson.

Parties
Claimant: Ben Leeson; Claimant: William Anthony Leeson; Defendant: Donald McPherson
Jurisdiction
England and Wales
Judgment Date
20 September 2024
Procedural Posture
Probate/trusts/property (chancery) / Final Judgment
Outcome
Claim allowed in full for the claimants.
Legal Topics
Forfeiture Rule, Unlawful Killing, Due Execution of Will, Removal of Trustee, Intestacy, Joint Tenancy Severance, Data Deletion, Circumstantial Evidence
Probate Trusts Property Insurance Civil Procedure Forfeiture Rule Unlawful Killing Due Execution of Will +5 more

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 4 Authorities cited 14 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Ben Leeson

Claimant

William Anthony Leeson

Claimant

Donald McPherson

Defendant

Procedural Posture

Probate/trusts/property (chancery) / Final Judgment

Legal Issues

  1. 1 Whether Donald McPherson unlawfully killed Paula Leeson and is subject to the forfeiture rule
  2. 2 Whether the 2014 Will was validly executed
  3. 3 Whether Donald McPherson should be removed as trustee of the LV and SW insurance policy trusts

Ratio Decidendi

The court found, on the balance of probabilities and based on overwhelming circumstantial evidence, that Donald McPherson unlawfully killed Paula Leeson. The forfeiture rule therefore applies, precluding him from any benefit under her will, intestacy, or jointly held assets. The 2014 Will was invalid for want of due execution due to forgery of a witness signature. Paula died intestate and Ben Leeson is entitled to Letters of Administration. McPherson is removed as trustee of the LV and SW insurance policy trusts due to manifest unsuitability and replaced by Ben Leeson.

Court Disposition

Claim allowed in full for the claimants.

Orders

  • Declaration that Donald McPherson unlawfully killed Paula Leeson and forfeits any benefit under her will, intestacy, or otherwise arising from her death.
  • Order for an account of all benefits received or to be received by Donald McPherson in consequence of Paula's death.