When is it right to rectify a conveyance of property?
Earlier this year, the Court of Appeal heard the case of Day & Another v Day, which involved an application seeking the rectification of a conveyance of property that took place in 1985.
The matter followed the death of Mrs Day in December 2008. The appellants were James and Michael Day and the respondent was Terence Day. Both appellants and the respondent were the executors of Mrs Day’s estate. By her last will of November 2008, Mrs Day directed that the property be sold and the sale proceeds be divided between her six surviving children equally (the respondent and appellants were three of those children). However, presumably during the course of administering Mrs Day’s estate, an issue was discovered.
Mrs Day purchased the property in 1954 with her husband and the property was held by the couple as joint tenants. Upon her husband’s death, the property vested in Mrs Day by survivorship and she continued to live there as her home. In May 1985, Mrs Day granted a general power of attorney to Mr Froud, a solicitor…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
On 5 November 2013, the European Commission published draft revised guidelines on state aid for rescuing and restructuring firms (non-financial firms) in difficulty.
The Academies Capital Maintenance Fund is available for academies to improve the condition of their school buildings and expand their facilities.
Analysis from The Lawyer
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents
Steady as she goes is the theme at Leeds firm Walker Morris, with high profitability offering a clue as to why so few partners move on