Fine v Fine [2012] EWHC 1811 (Ch) (21 May 2012)

Fine v Fine [2012] EWHC 1811 (Ch) (21 May 2012)

The trust deeds, properly construed, include future-born grandchildren as beneficiaries, so rectification is unnecessary for those deeds. The deeds of appointment failed to exclude section 31(2)(ii) of the Trustee Act 1925, which prevented the creation of interests in possession as intended. This was a mistake as to legal effect, justifying rectification to exclude section 31(2)(ii).

Citation
[2012] EWHC 1811 (Ch)
Parties
Claimant: Anthony Ian Fine and Helen Doreen Fine; Defendant: Anthony Ian Fine and Helen Doreen Fine
Jurisdiction
England and Wales
Judgment Date
21 May 2012
Procedural Posture
Chancery Rectification Claim / Judgment After Hearing
Outcome
Rectification granted for deeds of appointment; construction resolves trust deed issue.
Legal Topics
Rectification of Trust Deeds, Construction of Trust Instruments, Interest in Possession Trusts, Trustee Act 1925 Section 31
Trusts and Estates Equity Rectification of Trust Deeds Construction of Trust Instruments Interest in Possession Trusts Trustee Act 1925 Section 31

Case Brief

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Parties

Anthony Ian Fine and Helen Doreen Fine

Claimant

Anthony Ian Fine and Helen Doreen Fine

Defendant

Procedural Posture

Chancery Rectification Claim / Judgment After Hearing

Legal Issues

  1. 1 Whether the trust deeds include future-born grandchildren as beneficiaries
  2. 2 Whether the deeds of appointment failed to create interests in possession due to the application of Trustee Act 1925 section 31(2)(ii)
  3. 3 Whether rectification of the deeds of appointment is appropriate

Ratio Decidendi

The trust deeds, properly construed, include future-born grandchildren as beneficiaries, so rectification is unnecessary for those deeds. The deeds of appointment failed to exclude section 31(2)(ii) of the Trustee Act 1925, which prevented the creation of interests in possession as intended. This was a mistake as to legal effect, justifying rectification to exclude section 31(2)(ii).

Court Disposition

Rectification granted for deeds of appointment; construction resolves trust deed issue.

Orders

  • Trust deeds construed to include future-born grandchildren as beneficiaries.
  • Deeds of appointment rectified to exclude Trustee Act 1925 section 31(2)(ii).