Lee & Anor v Lee & Anor
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 with convincing proof that the parties relied on their solicitors to draft an effective notice, but mistakes were made. The requirements for rectification are satisfied, and the notice should be rectified to reflect the true intention.
- Parties
- Claimant: Rosemary Lee; Claimant: Robert James; Defendant: Benjamin William Gorwyn Lee; Defendant: Her Majesty’s Revenue & Customs
- Jurisdiction
- England and Wales
- Judgment Date
- 05 February 2018
- Procedural Posture
- Civil (rectification of Instrument) / Judgment After Hearing
- Outcome
- Notice of severance to be rectified as sought; alternative claim for rectification of deed of variation fails.
- Legal Topics
- Rectification of Instruments, Severance of Joint Tenancy, Mistake in Legal Documents, Deeds of Variation, Trusts
Case Brief
Summary, issues, holding and outcome
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Parties
Rosemary Lee
Claimant
Robert James
Claimant
Benjamin William Gorwyn Lee
Defendant
Her Majesty’s Revenue & Customs
Defendant
Procedural Posture
Civil (rectification of Instrument) / Judgment After Hearing
Legal Issues
- 1 Whether the notice of severance of joint tenancy can be rectified to reflect the true intention of the parties
- 2 Whether the deed of variation can be rectified as an alternative
- 3 Whether the form TR1 should be construed or rectified to reflect tenancy in common
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 with convincing proof that the parties relied on their solicitors to draft an effective notice, but mistakes were made. The requirements for rectification are satisfied, and the notice should be rectified to reflect the true intention.
Court Disposition
Notice of severance to be rectified as sought; alternative claim for rectification of deed of variation fails.
Orders
- Rectification of the notice of severance to reflect severance of joint tenancy in all land at Little Hendra Farm.
- If necessary, rectification or construction of form TR1 to reflect tenancy in common.
Full Case Text
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