Application of Paul Geoffrey Mason [2022] NSWSC 808

The evidence demonstrated that the plaintiff and Nicholas Mason intended that the plaintiff be a beneficiary of the trust at the time of its creation; the omission from the Trust Deed was inadvertent and inconsistent with their intentions. The Trust Deed should therefore be rectified to include the plaintiff as a beneficiary.

Parties: Plaintiff: Paul Geoffrey Mason
Jurisdiction: Australia
Judgment Date: 16 June 2022
Procedural Posture: Application for Rectification of Trust Deed / Principal Judgment
Outcome: Deed rectified to include Paul Geoffrey Mason as a beneficiary.
Legal Topics: Trusts and Trustees, Rectification of Trust Deed

Equity Trusts and Trustees Rectification of Trust Deed

Case Brief

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Parties

Paul Geoffrey Mason

Plaintiff

Procedural Posture

Application for Rectification of Trust Deed / Principal Judgment

Legal Issues

1 Whether the Trust Deed correctly recorded the intention of the parties regarding the plaintiff as a beneficiary
2 Whether rectification of the trust deed is warranted based on the parties' intentions

Ratio Decidendi

Court Disposition

Deed rectified to include Paul Geoffrey Mason as a beneficiary.

Orders

Order that the Deed entitled the 'Paul Mason Family Settlement' made as between Nicholas Mason (settlor) and Paul Geoffrey Mason (trustee) dated 2 July 1973 be rectified so that the definition of 'Beneficiaries' as contained in clause 1(c) includes at new paragraph 1(c)(vi) the words: '(vi) Paul Geoffrey Mason.'