Topic: Rectification

Lawie v Lawie & ors [2012] EWHC 2940 (Ch)

The claimant (SL) sought rectification of a deed of trust that he and his late wife (PL) had executed in 2006.

SL and PL determined, on the advice of Mr Tollins (a financial advisor at the Norwich & Peterborough Building Society (the building society)) that they wanted £100,000 (just under half of their net assets at the time) to be held in a Legal & General portfolio bond, which was to be held on a flexible trust for the benefit of their children and grandchildren. They expressed an intention to be able to alter the class of discretionary objects and the percentage entitl...

Wills v Gibbs & ors [2007] EWHC 3361 (Ch)

The testator (T) died on 11 January 2005 leaving his share of the farming business they carried on together to the third defendant (PW) together with land. PW wished to exercise the opportunity to vary T’s will by deed of variation so as to pass this inheritance to his son, the claimant (RW) and so avoid the possibility of the disposition being a lifetime transfer taking effect as a potentially exempt transfer (PET) giving rise to an Inheritance Tax (IHT) liability should PW die within seven years of the gift. PW was concerned that opportunity to make such a deed might be swept awa...

Austin v Woodward & anr [2011] EWHC 2458 (Ch)

The claim (issued on 3 November 2010) was made by the claimant for rectification of her mother’s will dated 6 October 2003 under s20 of the Administration of Justice Act 1982 and for permission to extend time for the issue of the claim form as probate of the will had been granted in June 2009. On the wording of the unrectified will a property, which was the claimant’s home, passed into residue in which the claimant had a life interest with remainder to the third and fourth defendants (the testator’s grandchildren). The testator’s previous will had provided that th...

Colorcon v Huckell & ors WTLR(w) 2009-05