Wolff v Wolff

Wolff v Wolff

The claimants made a mistake as to the legal effect of the lease, believing it did not deprive them of their right to occupy their home, when in fact it did. This mistake was fundamental and justified setting aside the lease. The trust deed was also inconsistent with their intentions regarding capital access for their daughters, but setting aside the lease rendered the trust deed academic.

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; Defendant: Nathaniel Edward Wolf Grace; Defendant: Maeve Mica Wolf
Jurisdiction
England and Wales
Judgment Date
06 September 2004
Procedural Posture
Civil (chancery) / Judgment on Application to Set Aside Voluntary Transactions
Outcome
Lease set aside; further orders to be made after hearing counsel.
Legal Topics
Setting Aside Voluntary Transactions, Mistake in Equity, Trusts and Settlements, Reversionary Leases
Equity Trusts Property Law Setting Aside Voluntary Transactions Mistake in Equity Trusts and Settlements Reversionary Leases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Edward Wolff

Claimant

Brigitte Evelyn Wolff

Claimant

Nicola Jocelyne Wolff

Defendant

Katrien Melanie Wolff

Defendant

David Grace

Defendant

Theodore Joshua John Wolf Grace

Defendant

Nathaniel Edward Wolf Grace

Defendant

Maeve Mica Wolf

Defendant

Procedural Posture

Civil (chancery) / Judgment on Application to Set Aside Voluntary Transactions

Legal Issues

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

Ratio Decidendi

The claimants made a mistake as to the legal effect of the lease, believing it did not deprive them of their right to occupy their home, when in fact it did. This mistake was fundamental and justified setting aside the lease. The trust deed was also inconsistent with their intentions regarding capital access for their daughters, but setting aside the lease rendered the trust deed academic.

Court Disposition

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

Orders

  • The reversionary lease dated 4 June 1997 is set aside.
  • Further orders to be made as appropriate after hearing argument from counsel.