Bolton Estate – English Chancery Division grants rectification order to give effect to a specific intent to accomplish a particular transaction at the time of botched drafting

The English Chancery Division has granted an order rectifying an estate Deed of Variation on the basis of the demonstration of a specific intent at the time for the Deed to accomplish a transfer of all of the estate property in question to four charities rather than merely a transfer of the residue of the estate to the charities. Once this was established, it did not matter that the original motivation for the Deed was to save inheritance tax.

Although the application was successful, the tests to be satisfied likely were more rigorous than would apply to an application in a Canadian common law province.

Neal Armstrong. Summary of Giles (as administratrix of Hilda Bolton estate) v. Royal National Institute for the Blind & Ors, [2014] BTC 24, [2014] EWHC 1373 (Ch) under General Concepts – Rectification.