Morrell & Ors v Morrell & Ors

Morrell & Ors v Morrell & Ors

The deed of variation failed to include Philip and Helen Morrell as beneficiaries, contrary to Philip's intention. There was convincing proof of a different intention, a sufficient operative mistake, and clear evidence of what was intended. The requirements for rectification were satisfied.

Parties
Claimant: David Colin Morrell; Claimant: Raymond Philip Morrell; Claimant: Helen Mary Morrell; Defendant: Hannah Morrell; Defendant: Jack Morrell; Defendant: India Morrell
Jurisdiction
England and Wales
Judgment Date
29 January 2021
Procedural Posture
Civil / Trial Judgment
Outcome
Claim allowed
Legal Topics
Rectification of Deed, Discretionary Trust, Mistake in Legal Documents
Trusts Probate Property Rectification of Deed Discretionary Trust Mistake in Legal Documents

Case Brief

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Parties

David Colin Morrell

Claimant

Raymond Philip Morrell

Claimant

Helen Mary Morrell

Claimant

Hannah Morrell

Defendant

Jack Morrell

Defendant

India Morrell

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the deed of variation should be rectified to include Philip and Helen Morrell as beneficiaries
  2. 2 Whether there was a sufficient operative mistake in the deed
  3. 3 Whether the intention of the settlor was mis-recorded

Ratio Decidendi

The deed of variation failed to include Philip and Helen Morrell as beneficiaries, contrary to Philip's intention. There was convincing proof of a different intention, a sufficient operative mistake, and clear evidence of what was intended. The requirements for rectification were satisfied.

Court Disposition

Claim allowed

Orders

  • The deed of variation dated 31 October 2018 is to be rectified to include Philip and Helen Morrell as beneficiaries in accordance with the draft order submitted to the court.