Day & anr v Day [2013] EWCA Civ 280
Wills & Trusts Law Reports | June 2013 #130The appellants appealed from a first instance decision by Mr Recorder Chapman QC on 15 May 2012, which refused their application for an order for rectification of a conveyance that was executed on behalf of their mother (Mrs Day) by her solicitor (Mr Froud) who was acting as her attorney. The conveyance was dated 6 June 1985. The conveyance had transferred Mrs Day’s home from her sole name into the names or her and her son (the respondent) as beneficial joint tenants. The purpose of the transaction was to enable borrowing to be secured against the property by the respondent. Mrs Day died...
Wills v Gibbs & ors [2007] EWHC 3361 (Ch)
Wills & Trusts Law Reports | June 2012 #120The 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...