Laird v Simcock & Ors [2023] EWHC 2054 (Ch) (07 August 2023)

Laird v Simcock & Ors [2023] EWHC 2054 (Ch) (07 August 2023)

The appeal fails because the Master applied the correct legal test and standard of proof for rectification; the evidence did not convincingly establish that both trustees had the required subjective intention to appoint only inheritance tax-liable assets on a life interest trust at the time of execution.

Citation
[2023] EWHC 2054 (Ch)
Parties
Claimant/appellant: Clare Alison Laird; Defendant/respondent: Catherine Anne Lowder Simcock; Defendant/respondent: Charlotte Rebecca Simcock; Defendant/respondent: Elizabeth June Simcock; Defendant/respondent: Gemma Louise Simcock
Jurisdiction
England and Wales
Judgment Date
07 August 2023
Procedural Posture
Chancery Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Rectification of Deeds, Trustee Intention, Inheritance Tax, Discretionary Trusts, Standard of Proof
Equity Trusts Probate Rectification of Deeds Trustee Intention Inheritance Tax Discretionary Trusts Standard of Proof

Case Brief

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Parties

Clare Alison Laird

Claimant/appellant

Catherine Anne Lowder Simcock

Defendant/respondent

Charlotte Rebecca Simcock

Defendant/respondent

Elizabeth June Simcock

Defendant/respondent

Gemma Louise Simcock

Defendant/respondent

Procedural Posture

Chancery Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the deed of appointment should be rectified to reflect the trustees' true intention regarding inheritance tax-liable assets
  2. 2 Whether the evidence established the subjective intention of both trustees at the time of execution

Ratio Decidendi

The appeal fails because the Master applied the correct legal test and standard of proof for rectification; the evidence did not convincingly establish that both trustees had the required subjective intention to appoint only inheritance tax-liable assets on a life interest trust at the time of execution.

Court Disposition

Appeal dismissed