Leeson v McPherson – unlawful killing, forfeiture, trusts, and probate.
The recent case of Leeson v McPherson is a sad case involving Paula Leeson and a reminder of the importance of the Forfeiture Act 1982 which is designed to prevent anyone who is guilty of unlawfully killing someone from benefitting from their estate.
On 6 June 2017, Paula died in the swimming pool of the Danish holiday cottage where she was staying with her husband, Donald McPherson (Don).
Don was charged with Paula’s murder but at his criminal trial, the Judge directed the jury to return a verdict of not guilty following Don’s successful submission of no case to answer. Paula’s son, Ben Leeson, and father, Willy Leeson, later commenced civil proceedings against Don. Ben and Willy claim that: -
- Don unlawfully killed Paula so had lost any right to benefit from Paula’s estate or her share of jointly held assets (Forfeiture Claim);
- Don should be removed as a trustee of certain life insurance policies written in trust by Paula, and replaced by Ben and Willy (Trusts Claim); and
- Paula’s will, purportedly executed on 21 July 2014, was invalid because Don forged the signature of one of the witnesses, such that Paula died intestate. Ben should be appointed as personal representative of Paula’s estate (Probate Claim).
The trial of Ben and Willy’s claim took place between 15 April and 7 May 2024. The Court heard from 18 witnesses of fact and 4 expert witnesses. Don did not attend the trial and was not represented.
Before the Danish holiday which Don booked in a remote part of Denmark, Don’s financial position had become increasingly difficult as his overdraft and loan and credit card debt increased and his own buy-to-let property portfolio reduced. Aware of Don’s finances, Paula controlled the joint account and had re-organised the household finances. Despite these matters, Don explored yet more adventurous and expensive pursuits and told people shortly before Paula’s death that he expected to come into money soon.
When Paula died, Don did not immediately inform the Leesons but, when he finally did, he gave three different accounts of what had occurred, none of which was consistent with what he had told the Danish police. Don had given the Danish police the impression that Paula was liable to faint, unable to swim and that her death was accidental.
Within 24 hours of Paula’s death, Don transferred thousands of pounds from a joint account and engaged in a series of further transactions to reduce his own liabilities. Don kept the Leeson family in the dark about the multiple joint life policies he had procured and against which he made claims following Paula’s death. Don attempted to use his position as trustee to benefit from LV and Scottish Widows policy proceeds on the (false) pretext that these were to pay off mortgage liabilities, when Don knew that they were intended for Ben.
Having heard all the evidence, the Court had no hesitation in finding that Don deliberately and unlawfully killed Paula in Denmark by compressing her neck in an arm lock, rendering her unconscious, and causing her body to enter the pool so she drowned. With his financial fortunes depleting by 2017, Don cashed in on the life insurance policies he had started to procure on Paula’s life, before they were even married, and to which she was oblivious.
Considering these findings, the Forfeiture Claim succeeded. Likewise, the Trusts Claim also succeeded after Don was found to be manifestly unsuitable to act as a trustee of the LV and Scottish Widows life insurance policies. He was removed and replaced by Ben. The Probate Claim also succeeded after the Court found that Don had forged the signature of one of the witnesses to Paula’s 2014 will, rendering it invalid, so Paula died intestate. With Don having disqualified himself by being found to have unlawfully killed his wife, Ben was appointed as personal representative of Paula’s estate.
