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…

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