Guthrie v Morel & ors

Guthrie v Morel & ors

The deceased intended by his Will to deal with his entire estate, and the reference to '87 Loma Del Rey' was a mistake for '81 Loma Del Rey', the property he owned. The Will should be construed accordingly, and there is no need for a trial as there is no real prospect of the defendants succeeding at trial.

Parties
Claimant: Carol Guthrie; Defendant: Drew Brian Morel; Defendant: Lazare James Morel; Defendant: Deyo Morel
Jurisdiction
England and Wales
Judgment Date
05 November 2015
Procedural Posture
Probate/will Construction / Summary Judgment Application
Outcome
Application for summary judgment granted in favour of the claimant.
Legal Topics
Construction of Wills, Rectification of Wills, Summary Judgment, Partial Intestacy
Succession Probate Wills Construction of Wills Rectification of Wills Summary Judgment Partial Intestacy

Case Brief

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Parties

Carol Guthrie

Claimant

Drew Brian Morel

Defendant

Lazare James Morel

Defendant

Deyo Morel

Defendant

Procedural Posture

Probate/will Construction / Summary Judgment Application

Legal Issues

  1. 1 Whether the reference to '87 Loma Del Rey' in the Will should be construed as '81 Loma Del Rey'
  2. 2 Whether the matter is suitable for summary judgment or requires a full trial

Ratio Decidendi

The deceased intended by his Will to deal with his entire estate, and the reference to '87 Loma Del Rey' was a mistake for '81 Loma Del Rey', the property he owned. The Will should be construed accordingly, and there is no need for a trial as there is no real prospect of the defendants succeeding at trial.

Court Disposition

Application for summary judgment granted in favour of the claimant.

Orders

  • Declaration that the reference to '87 Loma Del Rey' in the Will is to be construed as '81 Loma Del Rey' and the property is bequeathed to Carol Guthrie.