Lee & Anor v Lee & Anor [2018] EWHC 149 (Ch) (05 February 2018)

Parties

Procedural Posture

Chancery Division Rectification Claim / Judgment After Hearing

Legal Issues

1. 1 Whether the notice of severance of joint tenancy can be rectified to reflect the true intention of the parties
2. 2 Whether the deed of variation can be rectified as an alternative remedy

Ratio Decidendi

The notice of severance did not reflect the true intention of the testator and the first claimant, who intended to sever the joint tenancy in all land at Little Hendra Farm. The evidence established convincing proof of their intention and mistake. The court ordered rectification of the notice to cover all relevant land, as all conditions for equitable rectification were satisfied.

Court Disposition

Claim for rectification of notice of severance granted; alternative claim for rectification of deed of variation rejected.

Orders

• Notice of severance to be rectified to cover all land at Little Hendra Farm held as joint tenants by the testator and first claimant.
• Form TR1 construed as holding land in third title as tenants in common; alternatively, rectified to reflect this intention.