Contentious probate, undue influence, fraudulent calumny & proprietary estoppel (Todd v Parson & Todd)

Article summary

Private Client analysis: The claimant issued a CPR 7 claim seeking to prove in solemn form his mother’s will dated 25 September 2008. The two executors named adopted a neutral stance in the claim. The third defendant, the daughter a residuary beneficiary under the 2008 will counterclaimed. She asserted that the 2008 Will was substantively invalid on the basis of (i) lack of capacity, (ii) want of knowledge and approval, (ii) undue influence and (iv) fraudulent calumny. Additionally, she counterclaimed that the principal real estate passing under the will was held on trust by virtue of a constructive trust and/or by proprietary estoppel. The court dismissed all challenges to the 2008 will and pronounced for its force and validity in solemn form. The court also held that the real estate was held on trust for the third defendant or her nominee. Written by Raj Sahonte, barrister, at New Square Chambers, Lincoln’s Inn.