CLARE ALISON LAIRD (executor of the estate of Robert John Simcock) v CATHERINE ANNE LOWDER SIMCOCK (executor, trustee and beneficiary of the estate of Robert John Simcock)

CLARE ALISON LAIRD (executor of the estate of Robert John Simcock) v CATHERINE ANNE LOWDER SIMCOCK (executor, trustee and beneficiary of the estate of Robert John Simcock)

The claimant failed to provide convincing proof that the trustees had the specific intention alleged at the time of executing the deed; evidence showed lack of relevant intention by both trustees.

Parties
Claimant: Clare Alison Laird; First Defendant: Catherine Anne Lowder Simcock; Second Defendant: Charlotte Rebecca Simcock; Third Defendant: Elizabeth June Simcock; Fourth Defendant: Gemma Louise Simcock
Jurisdiction
England and Wales
Judgment Date
26 July 2022
Procedural Posture
Part 8 Claim / Judgment
Outcome
Claim dismissed
Legal Topics
Rectification of Deed, Inheritance Tax, Will Trusts
Trusts and Probate Rectification of Deed Inheritance Tax Will Trusts

Case Brief

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Parties

Clare Alison Laird

Claimant

Catherine Anne Lowder Simcock

First Defendant

Charlotte Rebecca Simcock

Second Defendant

Elizabeth June Simcock

Third Defendant

Gemma Louise Simcock

Fourth Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Whether the deed of appointment should be rectified to reflect the trustees' alleged true intention regarding the assets subject to a life interest trust

Ratio Decidendi

The claimant failed to provide convincing proof that the trustees had the specific intention alleged at the time of executing the deed; evidence showed lack of relevant intention by both trustees.

Court Disposition

Claim dismissed