Wolff v Wolff [2004] EWHC 2110 (Ch) (06 September 2004)

Wolff v Wolff [2004] EWHC 2110 (Ch) (06 September 2004)

The lease was set aside because the claimants made a mistake as to the legal effect of the transaction, specifically that it deprived them of their right to occupy their home after 2017, which was not their intention. This mistake was fundamental and justified equitable relief.

Citation
[2004] EWHC 2110 (Ch)
Parties
Claimant: Edward Wolff; Claimant: Brigitte Evelyn Wolff; Defendant: Nicola Jocelyne Wolff; Defendant: Katrien Melanie Wolff; Defendant: David Grace; Defendant: Theodore Joshua John Wolf Grace (a minor) by Bernard Jackson his litigation friend; Defendant: Nathaniel Edward Wolf Grace (a minor) by Bernard Jackson his litigation friend; Defendant: Maeve Mica Wolf (a minor) by Bernard Jackson her litigation friend
Jurisdiction
England and Wales
Judgment Date
06 September 2004
Procedural Posture
Part 8 Application / Judgment After Hearing
Outcome
Lease set aside; further orders to be made after hearing counsel.
Legal Topics
Setting Aside Voluntary Transactions, Mistake in Equity, Inheritance Tax Planning, Trust Deed Interpretation
Equity Trusts and Estates Setting Aside Voluntary Transactions Mistake in Equity Inheritance Tax Planning Trust Deed Interpretation

Case Brief

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Parties

Edward Wolff

Claimant

Brigitte Evelyn Wolff

Claimant

Nicola Jocelyne Wolff

Defendant

Katrien Melanie Wolff

Defendant

David Grace

Defendant

Theodore Joshua John Wolf Grace (a minor) by Bernard Jackson his litigation friend

Defendant

Nathaniel Edward Wolf Grace (a minor) by Bernard Jackson his litigation friend

Defendant

Maeve Mica Wolf (a minor) by Bernard Jackson her litigation friend

Defendant

Procedural Posture

Part 8 Application / Judgment After Hearing

Legal Issues

  1. 1 Whether a reversionary lease and trust deed can be set aside for mistake or lack of understanding
  2. 2 Whether the lease is held on the trusts of the settlement

Ratio Decidendi

The lease was set aside because the claimants made a mistake as to the legal effect of the transaction, specifically that it deprived them of their right to occupy their home after 2017, which was not their intention. This mistake was fundamental and justified equitable relief.

Court Disposition

Lease set aside; further orders to be made after hearing counsel.

Orders

  • Order setting aside the lease
  • Further orders to be made as appropriate after hearing argument from counsel