Irani v Irani & Ors [2006] EWHC 1811 (Ch) (24 July 2006)

Irani v Irani & Ors [2006] EWHC 1811 (Ch) (24 July 2006)

A binding contract was formed between Mrs Irani and the Deceased, as Mrs Irani's solicitor accepted the written offer, and the contract is enforceable despite the acceptance being oral, due to the principle that such contracts are considered in writing under the law.

Citation
[2006] EWHC 1811 (Ch)
Parties
Claimant and Fifth Part 20 Defendant: Edward Irani; Defendant and Part 20 Defendant: Rushna Irani; Defendant and Part 20 Defendant: Mahanaz Demenezes; Defendant and Part 20 Defendant: Xerxis Irani; Defendant and Part 20 Defendant: Florine Da Costa; Part 20 Claimant: Tehmi Fernadoonzi Ghaswallah Irani
Jurisdiction
England and Wales
Judgment Date
24 July 2006
Procedural Posture
Chancery Division Civil Claim and Part 20 Claim / Judgment After Trial
Outcome
Claim by Edward Irani dismissed; claim by Mrs Irani upheld.
Legal Topics
Enforceability of Contract to Make a Will, Intestacy, Ancillary Relief in Divorce, Section 40 Law of Property Act 1925
Contract Law Wills and Probate Family Law Enforceability of Contract to Make a Will Intestacy Ancillary Relief in Divorce Section 40 Law of Property Act 1925

Case Brief

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Parties

Edward Irani

Claimant and Fifth Part 20 Defendant

Rushna Irani

Defendant and Part 20 Defendant

Mahanaz Demenezes

Defendant and Part 20 Defendant

Xerxis Irani

Defendant and Part 20 Defendant

Florine Da Costa

Defendant and Part 20 Defendant

Tehmi Fernadoonzi Ghaswallah Irani

Part 20 Claimant

Procedural Posture

Chancery Division Civil Claim and Part 20 Claim / Judgment After Trial

Legal Issues

  1. 1 Whether a binding contract was formed obliging the Deceased to leave the property to specified beneficiaries by will
  2. 2 Whether the contract is unenforceable for lack of written evidence under section 40 Law of Property Act 1925

Ratio Decidendi

A binding contract was formed between Mrs Irani and the Deceased, as Mrs Irani's solicitor accepted the written offer, and the contract is enforceable despite the acceptance being oral, due to the principle that such contracts are considered in writing under the law.

Court Disposition

Claim by Edward Irani dismissed; claim by Mrs Irani upheld.

Orders

  • Declaration that the property does not form part of the Deceased's estate for intestacy purposes and Edward Irani has no interest in it.