Leeson & Anor v McPherson [2024] EWHC 2277 (Ch) (06 September 2024)

Leeson & Anor v McPherson [2024] EWHC 2277 (Ch) (06 September 2024)

The court found, on the balance of probabilities and based on extensive circumstantial evidence, that Donald McPherson unlawfully killed Paula Leeson. Consequently, he forfeited any entitlement to jointly held assets, inheritance, or insurance proceeds. The 2014 will was declared invalid for want of due execution, Paula died intestate, and Donald McPherson was removed as trustee of the LV and Scottish Widows insurance policy trusts.

Citation
[2024] EWHC 2277 (Ch)
Parties
Claimant: Ben Leeson; Claimant: William Anthony Leeson; Defendant: Donald McPherson
Jurisdiction
England and Wales
Judgment Date
06 September 2024
Procedural Posture
Civil / Final Judgment
Outcome
Claim allowed
Legal Topics
Forfeiture of Inheritance, Validity of Will, Removal of Trustee, Unlawful Killing, Standard of Proof, Circumstantial Evidence
Probate Trusts Property Insurance Civil Procedure Forfeiture of Inheritance Validity of Will Removal of Trustee +3 more

Case Brief

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Parties

Ben Leeson

Claimant

William Anthony Leeson

Claimant

Donald McPherson

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Donald McPherson unlawfully killed Paula Leeson to the civil standard of proof
  2. 2 Whether Donald McPherson is entitled to assets by survivorship, intestacy, will, or insurance policies
  3. 3 Validity of Paula Leeson's 2014 will

Ratio Decidendi

The court found, on the balance of probabilities and based on extensive circumstantial evidence, that Donald McPherson unlawfully killed Paula Leeson. Consequently, he forfeited any entitlement to jointly held assets, inheritance, or insurance proceeds. The 2014 will was declared invalid for want of due execution, Paula died intestate, and Donald McPherson was removed as trustee of the LV and Scottish Widows insurance policy trusts.

Court Disposition

Claim allowed

Orders

  • Donald McPherson forfeits entitlement to jointly held assets, inheritance, and insurance proceeds arising from Paula Leeson's death.
  • Paula Leeson's 2014 will declared invalid for want of due execution; she died intestate.