Day v Harris & Anor

Day v Harris & Anor

Mr Day was not liable to account for the £36,000 in gifts, as the gifts were made with Sir Malcolm's full, free, and informed consent, and the EPA did not invalidate such consent for actions outside its scope. The manuscripts delivered in 1976 were gifted to Miss Arnold and Mr Arnold. Clause 6 of the will included all manuscripts owned by Sir Malcolm at death, and the 1998 record of gift was effective, perfected upon Mr Day becoming executor.

Parties
Appellant/respondent/claimant/defendant: Anthony John Day; Respondent/defendant/executor: Charles Richard Tobias Harris; Appellant/claimant/defendant: Robert Malcolm Arnold; Appellant/claimant/defendant: Katherine Louise Arnold; Respondent/interpleader: The Royal College of Music
Jurisdiction
England and Wales
Judgment Date
20 March 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal by children on money gifts dismissed; appeal by children on manuscripts allowed in part; Respondent's Notice by Mr Day on clause 6 allowed; appeal by children on 1998 gift dismissed.
Legal Topics
Gifts Inter Vivos, Enduring Powers of Attorney, Interpretation of Wills, Estoppel, Fiduciary Duties
Succession Trusts and Estates Agency Gifts Inter Vivos Enduring Powers of Attorney Interpretation of Wills Estoppel Fiduciary Duties

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Parties

Anthony John Day

Appellant/respondent/claimant/defendant

Charles Richard Tobias Harris

Respondent/defendant/executor

Robert Malcolm Arnold

Appellant/claimant/defendant

Katherine Louise Arnold

Appellant/claimant/defendant

The Royal College of Music

Respondent/interpleader

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mr Day must account to the estate for five gifts made to himself from a joint bank account after registration of an Enduring Power of Attorney
  2. 2 Whether manuscripts delivered in 1976 were gifted to Miss Arnold and Mr Arnold or held for safekeeping
  3. 3 Interpretation of clause 6 of Sir Malcolm Arnold's will regarding manuscripts

Ratio Decidendi

Mr Day was not liable to account for the £36,000 in gifts, as the gifts were made with Sir Malcolm's full, free, and informed consent, and the EPA did not invalidate such consent for actions outside its scope. The manuscripts delivered in 1976 were gifted to Miss Arnold and Mr Arnold. Clause 6 of the will included all manuscripts owned by Sir Malcolm at death, and the 1998 record of gift was effective, perfected upon Mr Day becoming executor.

Court Disposition

Appeal by children on money gifts dismissed; appeal by children on manuscripts allowed in part; Respondent's Notice by Mr Day on clause 6 allowed; appeal by children on 1998 gift dismissed.

Orders

  • Mr Day not liable to account for £36,000 in gifts.
  • Miss Arnold and Mr Arnold declared owners of manuscripts delivered in 1976 and Fair Field manuscript.