Jean-Michel Canarapen v Marie Ginette Gauchenot

Jean-Michel Canarapen v Marie Ginette Gauchenot

The Deed of Variation was delivered unconditionally and is binding; the Defendant's alleged mistake was not sufficiently serious or causative to warrant rescission; delivery was not conditional; late amendment to plead conditional delivery was refused due to prejudice and lack of arguability.

Parties
Claimant: Jean-Michel Canarapen; Defendant: Marie Ginette Gauchenot
Jurisdiction
England and Wales
Judgment Date
23 October 2025
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claim allowed; Defendant's counterclaim dismissed.
Legal Topics
Deed of Variation, Delivery of Deed, Mistake in Gifts, Setting Aside Gifts, Conditional Delivery, Probate, Estate Distribution
Property Law Succession Law Contract Law Deed of Variation Delivery of Deed Mistake in Gifts Setting Aside Gifts Conditional Delivery +2 more

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Parties

Jean-Michel Canarapen

Claimant

Marie Ginette Gauchenot

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Deed of Variation was validly delivered and binding
  2. 2 Whether the Deed can be set aside for mistake
  3. 3 Whether delivery of the Deed was conditional

Ratio Decidendi

The Deed of Variation was delivered unconditionally and is binding; the Defendant's alleged mistake was not sufficiently serious or causative to warrant rescission; delivery was not conditional; late amendment to plead conditional delivery was refused due to prejudice and lack of arguability.

Court Disposition

Claim allowed; Defendant's counterclaim dismissed.

Orders

  • Declaration that the Deed of Variation dated 10 October 2022 is valid and binding on the Defendant.
  • Defendant's counterclaim to set aside the Deed for mistake dismissed.