Clare Alison Laird v Catherine Anne Lowder Simcock & Ors

Clare Alison Laird v Catherine Anne Lowder Simcock & Ors

The evidence, though imperfect and largely unchallenged, was sufficient to establish that both trustees (the Claimant and Catherine Simcock) had the required subjective intention at the time of executing the Deed of Appointment to appoint a life interest in favour of Catherine only over the assets not attracting inheritance tax relief. The Deed as executed did not reflect this intention due to a clerical drafting error. The requirements for rectification were met.

Parties
Claimant/appellant: Clare Alison Laird; First Defendant/respondent: Catherine Anne Lowder Simcock; Second Defendant/respondent: Charlotte Rebecca Simcock; Third Defendant/respondent: Elizabeth June Simcock; Fourth Defendant/respondent: Gemma Louise Simcock
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal (chancery Division, England and Wales) / Appeal Judgment
Outcome
Appeal allowed; order for rectification granted
Legal Topics
Rectification of Deeds, Trustee Powers, Inheritance Tax, Mistake in Legal Documents
Equity Trusts and Estates Rectification of Deeds Trustee Powers Inheritance Tax Mistake in Legal Documents

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Parties

Clare Alison Laird

Claimant/appellant

Catherine Anne Lowder Simcock

First Defendant/respondent

Charlotte Rebecca Simcock

Second Defendant/respondent

Elizabeth June Simcock

Third Defendant/respondent

Gemma Louise Simcock

Fourth Defendant/respondent

Procedural Posture

Appeal (chancery Division, England and Wales) / Appeal Judgment

Legal Issues

  1. 1 Whether the Deed of Appointment should be rectified to reflect the true intention of the trustees at execution
  2. 2 Whether the evidence established the subjective intention of both trustees to limit the life interest to inheritance tax-liable assets only

Ratio Decidendi

The evidence, though imperfect and largely unchallenged, was sufficient to establish that both trustees (the Claimant and Catherine Simcock) had the required subjective intention at the time of executing the Deed of Appointment to appoint a life interest in favour of Catherine only over the assets not attracting inheritance tax relief. The Deed as executed did not reflect this intention due to a clerical drafting error. The requirements for rectification were met.

Court Disposition

Appeal allowed; order for rectification granted

Orders

  • Paragraph 1 of the Master's order dismissing the claim is set aside.
  • Rectification of the Deed of Appointment is ordered so that clause 2.1 reads: 'The income of all that part of the Trust Fund which does not attract any relief from Inheritance Tax given by the provisions of Chapter I or Chapter II of Part V of the Inheritance Tax Act 1984, or any modification or re-enactment of...