Ashcroft v Barnsdale & Ors

Ashcroft v Barnsdale & Ors

The Deed of Variation failed to give effect to the parties' true intention regarding the incidence of inheritance tax, and the omission of 'subject to inheritance tax' constituted a relevant mistake. Rectification is warranted to correct this mistake and reflect the parties' agreement.

Parties
Claimant: David Arnold Ashcroft; 1st Defendant: Andrew Davison Barnsdale; 2nd Defendant: Helen Mary Ashcroft; 3rd Defendant: Richard David Ashcroft
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Civil / Judgment
Outcome
Claim for rectification upheld.
Legal Topics
Rectification of Deeds, Inheritance Tax, Mistake in Legal Documents
Equity Trusts and Estates Rectification of Deeds Inheritance Tax Mistake in Legal Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

David Arnold Ashcroft

Claimant

Andrew Davison Barnsdale

1st Defendant

Helen Mary Ashcroft

2nd Defendant

Richard David Ashcroft

3rd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Deed of Variation should be rectified to reflect the parties' true intention regarding inheritance tax liability
  2. 2 Whether the mistake in the Deed of Variation relates to the effect of the document or merely its fiscal consequences

Ratio Decidendi

The Deed of Variation failed to give effect to the parties' true intention regarding the incidence of inheritance tax, and the omission of 'subject to inheritance tax' constituted a relevant mistake. Rectification is warranted to correct this mistake and reflect the parties' agreement.

Court Disposition

Claim for rectification upheld.

Orders

  • Deed of Variation to be rectified by substituting '5' for '6' in Clause 2.1 and by inserting 'subject to inheritance tax' in clause 2.1(a) as specified.
  • No order as to costs.