When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

Q&As

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Produced in partnership with Emma Holland of Stewarts Law

Published on: 02 May 2019

This Q&A explains when it is possible to remedy a mistake made in an executed deed by manuscript amendment and the surrounding issues of which to be aware.

Broadly, a manuscript amendment may be possible, depending on the nature of the mistake.

A material amendment will be void as against any party who has not consented to it (Winchcombe v Pigot (1614) 11 Co Rep 266 (not reported on ��Ƶ®)). Conversely, if an amendment is immaterial, it may be capable of being made without the consent of the other parties and would not invalidate the agreement unless it prejudices a party's rights or obligations. Filling in a blank date, for example, has been found to be immaterial (Keane v Smallbone) and steps to correct minor typographical errors (such as incorrect company registration numbers) and to amend clause numbering that has gone awry are unlikely to prejudice either party. A careful approach is however

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Emma Holland

Stewarts Law

Emma assists beneficiaries, trustees, and other fiduciaries with trust disputes both onshore and in numerous offshore jurisdictions. Emma also specialises in probate disputes, and disputes overseen by the Court of Protection. Emma has been recognised as a Next Generation Lawyer (Legal 500 2018) and as a Top 35 Under 35 private client practitioner (eprivateclient 2016). Notable examples of work include advising (often alongside foreign law counsel): - discretionary beneficiaries of Bermudian trusts holding a construction business on family corporate governance, applications for approval of restructuring proposals and contentious tax. A Public Trustee v Cooper hearing took place in 2017 (Re X,Y,Z Trusts [2017] Sc (Bda) III Civ). - a beneficiary opposed to a trustee's proposal to sell a key trust asset, involving a jurisdiction challenge in Jersey (Representation of G Trustees Limited [2017] JRC 162A) and a trustee removal application in Bermuda (In the Matter of the E Trust [2017] SC (Bda) 103 Civ). - beneficiaries regarding the removal of a protector (In the matter of the K Trust, Guernsey Judgment 31/2015). - trustees in defending allegations of breach of trust through material non-disclosure (AB Jnr & Or v MB & Ors [2013] (1) CILR 1). - on jurisdiction relating to a succession dispute focusing on the friction between English testamentary freedom and Italian forced heirship rules (Durham v Lambton & Ors [2013] EWhC 3566 (Ch)). - on a contested health and welfare, and property and affairs, deputyship application, including the Local Authority's application relating to deprivation of liberty.

Jurisdiction(s):

United Kingdom

Key definition:

Rectification definition

What does Rectification mean?

Alteration of the Register of Title which involves the correction of a mistake and which prejudicially affects the title of a registered proprietor.

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