Morton v Morton & anr WTLR(w) 2022-05

Wills & Trusts Law Reports | Web Only

Mistake: Oops!… We did it again

Sapna Garg explores the courts’ approach to rectifying parties’ mistakes when agreeing contract terms ‘It is by no means guaranteed that the court will rectify a contract unless there is compelling evidence of a mistake.’ It is a fact of life that mistakes happen when entering commercial agreements. Time is usually tight. Parties want to …
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Rectification: Keeping up with the Vaughan-Joneses

Stuart Adams discusses the first round in what appears to be a solid case for the rectification of a deed of variation ‘In Vaughan-Jones the variation, as drafted, failed to include the necessary statements and, instead, referenced the pre-2002 rules by way of clause three. Therefore, it was ineffective for IHT and CGT purposes.’ The …
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Vaughan-Jones & anr v Vaughan-Jones & ors [2015] EWHC 1086 (Ch)

Wills & Trusts Law Reports | September 2015 #152

The claimants were the executors of the will of the deceased dated 8 September 2000 whereby his residuary estate passed to his widow and three sons in equal shares absolutely. The first defendant was the deceased’s widow and the first claimant and second and third defendants were his sons.

Under the will, inheritance tax would be payable on the estate in respect of land and farming assets which did not qualify for agricultural property or business property relief on the three quarters of the residuary estate which had passed to the deceased’s sons. The beneficiaries decided that t...

Giles v Royal National Institute for the Blind & Ors [2014] EWHC 1373 (Ch)

Wills & Trusts Law Reports | October 2014 #143

The claimant claimed as the administratrix of the estate of Ellen Bolton (Ellen) for rectification of a deed of variation by which she had purported to vary the will of Hilda Bolton (Hilda).

Hilda had died on 6 February 2006. Her sister, Ellen, died on 11 September 2007. By her last will Hilda had benefited Ellen in two respects: as the beneficiary of a specific devise of a particular freehold property (the property) at clause 2(a) of the will and also as the sole residuary beneficiary under clause 5 of the will. As Ellen survived Hilda these gifts took effect. The gifts were char...

Contract: The only way is up?

Siobhan Jones and Clare Arthurs assess the lessons to be learned from Scottish Widows v BGC International The courts cannot rewrite contracts simply because the parties failed to consider a particular eventuality or to provide for a particular circumstance, such as a falling rather than rising rental market.There is no such thing as the perfect …
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