Anker Petersen v Christensen [2001] EWHC B3 (Ch) (04 October 2001)

Anker Petersen v Christensen [2001] EWHC B3 (Ch) (04 October 2001)

The deeds of assignment executed by Jane and Christopher Anker-Petersen are set aside because they entered into the assignments under a fundamental misapprehension as to their effect, believing the Jersey Trusts to be substantially similar to the original will trust as varied, when in fact the trusts were profoundly different and removed their core rights. The claimants were not advised of these differences, and the defendants failed to show the claimants understood the effect of the transaction.

Citation
[2001] EWHC B3 (Ch)
Parties
Claimant: Jane Anker-Petersen; Claimant: Christopher Anker-Petersen; Claimant: Peter Anker-Petersen (deceased); Defendant: Mr Burgin; Defendant: Mr Christensen; Defendant: Mr Moller; Defendant: Mr Werdelin
Jurisdiction
England and Wales
Judgment Date
04 October 2001
Procedural Posture
Chancery, Trusts / Final Judgment
Outcome
Deeds of assignment set aside for mistake as to effect
Legal Topics
Mistake in Voluntary Transactions, Variation of Trusts, Assignment of Trust Interests, Jurisdiction for Setting Aside Deeds, Disclosure Obligations in Trusts
Equity Trusts Private International Law Mistake in Voluntary Transactions Variation of Trusts Assignment of Trust Interests Jurisdiction for Setting Aside Deeds Disclosure Obligations in Trusts

Case Brief

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Parties

Jane Anker-Petersen

Claimant

Christopher Anker-Petersen

Claimant

Peter Anker-Petersen (deceased)

Claimant

Mr Burgin

Defendant

Mr Christensen

Defendant

Mr Moller

Defendant

Mr Werdelin

Defendant

Procedural Posture

Chancery, Trusts / Final Judgment

Legal Issues

  1. 1 Whether the deeds of assignment executed by Jane and Christopher Anker-Petersen should be set aside for mistake as to their effect
  2. 2 Whether the claimants understood the effect of the Jersey Trusts compared to the original will trust as varied
  3. 3 Whether the claimants received adequate advice or explanation regarding the differences between the trusts

Ratio Decidendi

The deeds of assignment executed by Jane and Christopher Anker-Petersen are set aside because they entered into the assignments under a fundamental misapprehension as to their effect, believing the Jersey Trusts to be substantially similar to the original will trust as varied, when in fact the trusts were profoundly different and removed their core rights. The claimants were not advised of these differences, and the defendants failed to show the claimants understood the effect of the transaction.

Court Disposition

Deeds of assignment set aside for mistake as to effect

Orders

  • Deeds of assignment executed by Jane and Christopher Anker-Petersen are set aside
  • Trust assets to revert to claimants as if assignments had not occurred