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Irani v Irani and others: ChD 24 Jul 2006

The deceased had effectively settled his divorce ancillary relief proceedings by promising to leave a property by will to to his former wife, the claimant. He signed a document which appeared to be intended to give effect to his undertaking, but the document was not executed as a will. The respondents said that the agreement did not satisfy s40.
Held: The document showed a desire to give effect to the transaction, and was effective. There had been a written offer with an oral acceptance, and ‘it is quite clear as a matter of law that, if an offer is made in writing and is accepted orally, that contract is in law a contract in writing and accordingly there can be no question of any unenforceability of the contract made in this case by reason of the absence of a necessary memorandum.’

Judges:

Lightman J

Citations:

[2006] EWHC 1811 (Ch)

Links:

Bailii

Statutes:

Law of Property act 1925 40

Jurisdiction:

England and Wales

Citing:

CitedTiverton Estates Ltd v Wearwell Ltd CA 1975
“Subject to Contract” not to be diluted
‘subject to contract’ proposals remain in negotiation until a formal contract is executed. Lord Denning MR said: ‘for over a hundred years, the courts have held that the effect of the words ‘subject to contract’ is that the matter remains in . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Contract, Land

Updated: 12 September 2022; Ref: scu.243393

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