Price v Saundry & Ors (Rev 1)

Price v Saundry & Ors (Rev 1)

The defendant failed to provide sufficient evidence that the inclusion of 7 Linwell Close in the 2006 and 2009 trust deeds was a mistake. The deeds were settlements for value, requiring proof of a common intention to exclude the property, which was not established. The proximity of the settlor's signature to the property reference and the absence of correction until 2013 support the conclusion that the deeds accurately reflected the parties' intentions at the time of execution.

Parties
Claimant: Pauline Ann Price; First Defendant: Valerie Ann Saundry; Second Defendant: Geraldine Sanders (as executrix of Martin Gordon Sanders, deceased)
Jurisdiction
England and Wales
Judgment Date
07 March 2019
Procedural Posture
Civil (trusts/probate) / Judgment on Application for Rectification During Trial
Outcome
Application for rectification dismissed
Legal Topics
Rectification of Trust Deeds, Mistake in Trust Instruments, Settlements for Value Vs Voluntary Settlements, Common Intention in Trust Creation
Trusts Property Law Probate Rectification of Trust Deeds Mistake in Trust Instruments Settlements for Value Vs Voluntary Settlements Common Intention in Trust Creation

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Parties

Pauline Ann Price

Claimant

Valerie Ann Saundry

First Defendant

Geraldine Sanders (as executrix of Martin Gordon Sanders, deceased)

Second Defendant

Procedural Posture

Civil (trusts/probate) / Judgment on Application for Rectification During Trial

Legal Issues

  1. 1 Whether the trust deeds of 2006 and 2009 should be rectified to remove reference to 7 Linwell Close on grounds of mistake
  2. 2 Whether the deeds were voluntary or for consideration, affecting the test for rectification
  3. 3 Whether there was sufficient evidence of mistake to justify rectification

Ratio Decidendi

The defendant failed to provide sufficient evidence that the inclusion of 7 Linwell Close in the 2006 and 2009 trust deeds was a mistake. The deeds were settlements for value, requiring proof of a common intention to exclude the property, which was not established. The proximity of the settlor's signature to the property reference and the absence of correction until 2013 support the conclusion that the deeds accurately reflected the parties' intentions at the time of execution.

Court Disposition

Application for rectification dismissed

Orders

  • Rectification of the 2006 and 2009 trust deeds refused