Clarke v Allen & Anor [2019] EWHC 1193 (Ch) (23 May 2019)

Clarke v Allen & Anor [2019] EWHC 1193 (Ch) (23 May 2019)

The transfer of the property was executed under a serious mistake as to Matilda's rights to occupy, caused by incorrect legal advice; it would be unconscionable for the daughters to retain the property. The transfer is rescinded for mistake and the property held on constructive trust for Lloyd's estate. Reasonable financial provision is awarded to Matilda under the Inheritance Act.

Citation
[2019] EWHC 1193 (Ch)
Parties
Claimant: Mrs Matilda Clarke; Defendant: Vinette Allen; Defendant: Heather Smith
Jurisdiction
England and Wales
Judgment Date
23 May 2019
Procedural Posture
Inheritance and Mistake Claims / Post Trial Judgment
Outcome
Claim for rescission of property transfer for mistake granted; reasonable financial provision awarded to claimant.
Legal Topics
Rescission for Mistake, Reasonable Financial Provision, Constructive Trust, Adverse Inferences, Lasting Power of Attorney, Family Law Act Home Rights
Equity Inheritance Law Property Law Civil Procedure Rescission for Mistake Reasonable Financial Provision Constructive Trust Adverse Inferences +2 more

Case Brief

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Parties

Mrs Matilda Clarke

Claimant

Vinette Allen

Defendant

Heather Smith

Defendant

Procedural Posture

Inheritance and Mistake Claims / Post Trial Judgment

Legal Issues

  1. 1 Whether the transfer of property was executed under a serious mistake justifying rescission
  2. 2 Whether reasonable financial provision should be made for the widow under the Inheritance (Provision for Family and Dependants) Act 1975
  3. 3 Whether adverse inferences should be drawn from the conduct of the defendants and their solicitor

Ratio Decidendi

The transfer of the property was executed under a serious mistake as to Matilda's rights to occupy, caused by incorrect legal advice; it would be unconscionable for the daughters to retain the property. The transfer is rescinded for mistake and the property held on constructive trust for Lloyd's estate. Reasonable financial provision is awarded to Matilda under the Inheritance Act.

Court Disposition

Claim for rescission of property transfer for mistake granted; reasonable financial provision awarded to claimant.

Orders

  • Transfer of 18 Parkholme Road Dalston London E8 rescinded for mistake; property held on constructive trust for Lloyd's estate.
  • Reasonable financial provision awarded to Matilda Clarke under the Inheritance (Provision for Family and Dependants) Act 1975.