Lines v Porter & ors [2011] EWHC 2310 (Ch)

WTLR Issue: May 2012 #119

CHRISTOPHER ALLAN LINES

V

MARK COLIN PORTER AND OTHERS

Analysis

Mr and Mrs L made wills in mirror terms leaving the property that they owned as tenants in common and which was their only substantial asset on trust for the survivor to live in and thereafter to Mrs L’s children from a previous relationship. There were substitutionary provisions that benefited one of Mrs L’s grandchildren, his father, Mrs L’s son, having died.

Mrs L died. Mr L brought rectification proceedings under s20 of the Administration of Justice Act 1982 on the basis that Mrs L had not intended for his life interest to be cut down on his cohabitation or remarriage and that this was a clerical error on the part of the will writer. Mrs L’s children defended the claim but were not represented. The grandchild was, however, represented.

Held (rectifying the will)

  1. 1. Mrs L had not intended for Mr L’s life interest to be cut down on his remarriage or cohabitation: this had not been an issue on which the will writer who drafted Mrs L’s will had taken her specific instructions but the limitation appeared in her will because it was part of their standard precedent.
  2. 2. Mrs L had not read over the will as she had trusted the will writer to have understood her instructions. She therefore had not appreciated the consequences of the clause that cut down Mr L’s interest.
  3. 3. The will was rectified to remove the restriction to Mr L’s occupation of the property.

 

JUDGMENT HHJ BARKER QC: [1] By this action, Mr Christopher Lines seeks the rectification of clause 9(1) of the will of his late wife Audrey Lines who died on 9 December 2004 after a short illness. Mr Christopher Lines is the executor of Audrey Lines’ will, which was admitted to probate on 7 July 2009. …
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Counsel Details

Mr Roger Smith (No 5 Chambers, 6th Floor, 76 Shoe Lane, London EC4A 3JB, tel 0845 210 5555, e-mail info@no5.com) instructed by Ruth Brown (Chennells Solicitors, 583-585 London Road, Westcliff- on-Sea, Essex SS0 9PJ, tel: 01702 349971, e-mail: ckb@chennellssolicitors.co.uk) for the claimant.

Niamh O’Reilly (Hailsham Chambers, 4 Paper Buildings, Temple, London EC4Y 7EX, tel: 020 7643 5000, e-mail: niamh.oreilly@hailshamchambers.com) instructed by Mills & Reeve LLP (Francis House, 112 Hills Road, Cambridge CB2 1PH, tel: 01223 364422, e-mail: info@mills-reeve.com) for the fifth defendant.

The first to fourth defendants were unrepresented and did not attend.

Cases Referenced

Legislation Referenced

  • Administration of Justice Act 1982, s20(1)