The Law Reports (Chancery Division)
[2014] Ch 114
Court of Appeal
Day and another v Day
[2013] EWCA Civ 280
2013 Feb 21;
March 27
Sir Terence Etherton C, Elias, Lewison LJJ
Settlement— Voluntary— Rectification— Settlor executing general power of attorney in favour of solicitor— Solicitor executing conveyance on settlor’s behalf— Conveyance mistakenly declaring settlor and defendant beneficial joint tenants of property— Defendant becoming sole legal and beneficial owner of property on settlor’s death— Claim for rectification of conveyance to provide property held by settlor and defendant on trust for settlor absolutely— Whether settlor’s subjective intention only relevant intention— Whether legal requirement that intention be outwardly expressed or objectively communicated— Whether existence of solicitor’s power of attorney and scope of his authority to execute conveyance precluding right to rectification— Whether rectification to be granted