Barraclough v Mell and others: ChD 1 Dec 2005

Moneys due under a will had been misdistributed. The correct beneficiary sought repayment. The executor sought to rely upon a trustee exemption clause.
Held: The trustee exemption clause was effective to protect the executor as such. She had acted mistakenly and negligently, but honestly. However, in her additional capacity as an overpaid beneficiary, she was liable to repay the sums. Also the rule against double portions applied to require repayment by one recipient of a mispayment.


[2005] EWHC B17 (Ch)




England and Wales


CitedAllcard v Skinner CA 1887
The donor had parted with almost all her property. She now sought to have the transaction set aside for undue influence.
Held: Where a wife has entered into a gratuitous transaction with her husband, the burden was on the husband as donee to . .
CitedArmitage v Nurse; etc CA 19-Mar-1997
A clause in a trust deed may validly excuse trustees from personal liability for even gross negligence. The trustee was exempted from liability for loss or damage ‘unless such loss or damage shall be caused by his own actual fraud’.
Held: The . .
CitedIn re Pollock; Pollock v Worrall 1885
An example of a gift which is made under a special consideration is where the gift satisfies a particular moral duty identified in the will. . .
CitedIn re Vaux CA 1939
The term ‘portion’ has a ‘qualitative significance’ as well as purely quantitative significance. As to the doctrine of ademption: (Sir Wilfrid Greene MR) ‘The rule against double portions rests upon two hypotheses; first of all, that under the will . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Equity

Updated: 07 September 2022; Ref: scu.236337