Day v Day

Subject Matter

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

[2014] Ch 114; [2013] 3 WLR 556