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

Wills & Trusts Law Reports | May 2012 #119

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...

Rectification: Tax planning and deeds

Katherine Harper examines Chisholm and Ashcroft, two recent cases concerning rectification ‘Rectification is a discretionary remedy whereby the court will correct a written instrument, which does not accord with the parties’ true intentions at the time of its making.’The two recent cases of Chisholm v Chisholm [2011] and Ashcroft v Barnsdale [2010] concern applications to …
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