Rectifying an incorrectly drafted deed

Our client's father executed a deed of gift under which his intention was to give our client a third of his share in a property which was owned jointly between the father and a trust.

However, the drafting of the deed was such that it did not reflect the father's true intentions and in fact resulted in our client receiving significantly less than the third share that he was intended to receive.

We issued court proceedings on behalf of the son and on behalf of the executors of the father's estate and were successful in obtaining an order that the deed be rectified, enabling the son to receive his share.

Following on from the court proceedings, we also brought a professional negligence action against the solicitors who drafted the original deed. We successfully settled this dispute on the basis that our clients received a significant contribution from the solicitors to their costs of the rectification proceedings.

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