Morrell & Ors v Morrell & Ors [2021] EWHC 117 (Ch) (29 January 2021)

Morrell & Ors v Morrell & Ors [2021] EWHC 117 (Ch) (29 January 2021)

The evidence established that Philip Morrell intended to create a discretionary trust for himself, his wife Helen, and their three children, but the deed of variation only included the children as beneficiaries due to a mistake. The requirements for rectification were satisfied, and there was no reason to refuse the remedy.

Citation
[2021] EWHC 117 (Ch)
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
Claim Under CPR Part 8 for Rectification of a Deed of Variation / Trial Judgment
Outcome
Claim allowed; deed of variation to be rectified.
Legal Topics
Rectification of Instruments, Deeds of Variation, Testamentary Trusts, Mistake in Legal Documents
Equity Trusts and Estates Rectification of Instruments Deeds of Variation Testamentary Trusts 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

Claim Under CPR Part 8 for Rectification of a Deed of Variation / Trial Judgment

Legal Issues

  1. 1 Whether the deed of variation dated 31 October 2018 should be rectified to include Philip and Helen Morrell as beneficiaries of the discretionary trust.

Ratio Decidendi

The evidence established that Philip Morrell intended to create a discretionary trust for himself, his wife Helen, and their three children, but the deed of variation only included the children as beneficiaries due to a mistake. The requirements for rectification were satisfied, and there was no reason to refuse the remedy.

Court Disposition

Claim allowed; deed of variation to be rectified.

Orders

  • The deed of variation dated 31 October 2018 is to be rectified to include Raymond Philip Morrell and Helen Mary Morrell as beneficiaries of the discretionary trust.