Susan Sullivan v Stephen Sullivan & Ors

Susan Sullivan v Stephen Sullivan & Ors

Patrick Sullivan made a grave mistake as to the legal character and effect of the Declaration of Trust, believing it to be a non-binding declaration of intent rather than a binding trust. The mistake was central to the transaction, had serious financial and tax consequences, and it would be unconscionable to leave the Trust in place. The Trust is rescinded on grounds of mistake.

Parties
Claimant: Susan Sullivan; Defendant: Stephen Sullivan; Defendant: David Sullivan; Defendant: Kerrie Bhatta; Defendant: Holly Sullivan
Jurisdiction
England and Wales
Judgment Date
05 September 2025
Procedural Posture
Civil / Judgment
Outcome
Trust rescinded on grounds of mistake
Legal Topics
Rescission of Trust, Mistake, Inheritance, Declaration of Trust, Will Validity, Tax Consequences
Trusts Probate Property Law Rescission of Trust Mistake Inheritance Declaration of Trust Will Validity +1 more

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Parties

Susan Sullivan

Claimant

Stephen Sullivan

Defendant

David Sullivan

Defendant

Kerrie Bhatta

Defendant

Holly Sullivan

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Declaration of Trust dated 31 July 2009 should be rescinded on grounds of mistake
  2. 2 Whether Patrick Sullivan made a relevant mistake as to the legal character and nature of the document
  3. 3 Whether it would be unconscionable to leave the Trust in place

Ratio Decidendi

Patrick Sullivan made a grave mistake as to the legal character and effect of the Declaration of Trust, believing it to be a non-binding declaration of intent rather than a binding trust. The mistake was central to the transaction, had serious financial and tax consequences, and it would be unconscionable to leave the Trust in place. The Trust is rescinded on grounds of mistake.

Court Disposition

Trust rescinded on grounds of mistake

Orders

  • Declaration of Trust dated 31 July 2009 is rescinded
  • Stephen and David Sullivan to receive £100,000 if the Trust is rescinded