Jopling v Leavesley & anr [2013] EWCA Civ 1605

Wills & Trusts Law Reports | June 2014 #140

Mr Jopling was the executor of the will of Kenneth Smith. On 6 January 2012 Mr Jopling issued proceedings against the deceased’s stepdaughter Mrs Leavesley and his niece, Mrs Thompson alleging that they had each obtained a cheque for £25,000 drawn on Mr Smith’s bank account and they between them had drawn £14,750 from ATMs by using his debit card. He alleged that these moneys had been obtained by undue influence and the estate was entitled to recover them.

In May 2012 via his solicitors he made a Part 36 offer to each of the two defendants offering to settle for £25,0...