Fine v Fine

Fine v Fine

The trust deeds, by construction and supported by the explanatory memorandum, include future-born grandchildren as beneficiaries. The deeds of appointment require rectification to exclude section 31(2)(ii) of the Trustee Act 1925, as the settlors' intention was to create interests in possession, and the failure to exclude the section was a mistake as to legal effect.

Parties
Claimant: Anthony Ian Fine; Claimant: Helen Doreen Fine; Beneficiary: Tracey Fine; Beneficiary: Mathew Fine; Beneficiary: Kitty Fine; Beneficiary: Maxwell Fine; Other Beneficiary: Jeffrey Fine; Other Beneficiary: Patricia Fine
Jurisdiction
England and Wales
Judgment Date
21 May 2012
Procedural Posture
Civil / Judgment
Outcome
claims for rectification granted in part
Legal Topics
Rectification of Trust Deeds, Construction of Trust Instruments, Interest in Possession Trusts, Statutory Powers of Trustees
Trusts Property Law Rectification of Trust Deeds Construction of Trust Instruments Interest in Possession Trusts Statutory Powers of Trustees

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Parties

Anthony Ian Fine

Claimant

Helen Doreen Fine

Claimant

Tracey Fine

Beneficiary

Mathew Fine

Beneficiary

Kitty Fine

Beneficiary

Maxwell Fine

Beneficiary

Jeffrey Fine

Other Beneficiary

Patricia Fine

Other Beneficiary

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the trust deeds include future-born grandchildren as beneficiaries
  2. 2 Whether the deeds of appointment require rectification to exclude section 31(2)(ii) of the Trustee Act 1925

Ratio Decidendi

The trust deeds, by construction and supported by the explanatory memorandum, include future-born grandchildren as beneficiaries. The deeds of appointment require rectification to exclude section 31(2)(ii) of the Trustee Act 1925, as the settlors' intention was to create interests in possession, and the failure to exclude the section was a mistake as to legal effect.

Court Disposition

claims for rectification granted in part

Orders

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