Bullard v Bullard & Anor [2017] EWHC 3 (Ch) (05 January 2017)

Bullard v Bullard & Anor [2017] EWHC 3 (Ch) (05 January 2017)

The trust deed did not reflect the settlor's true intention to create interests in possession for all primary beneficiaries, including minors, due to the mistaken inclusion of section 31 Trustee Act 1925. Rectification is granted to exclude section 31 and give effect to the settlor's intention.

Citation
[2017] EWHC 3 (Ch)
Parties
Claimant: Patricia Marigold Bullard; Defendant: William Harry Bullard; Defendant: Virginia Winifred Faire
Jurisdiction
England and Wales
Judgment Date
05 January 2017
Procedural Posture
Part 8 Claim (chancery, Trust Rectification) / Judgment After Hearing
Outcome
Rectification granted
Legal Topics
Trust Rectification, Construction of Trust Deeds, Interests in Possession, Section 31 Trustee Act 1925, Mistake in Legal Effect
Equity and Trusts Trust Rectification Construction of Trust Deeds Interests in Possession Section 31 Trustee Act 1925 Mistake in Legal Effect

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Parties

Patricia Marigold Bullard

Claimant

William Harry Bullard

Defendant

Virginia Winifred Faire

Defendant

Procedural Posture

Part 8 Claim (chancery, Trust Rectification) / Judgment After Hearing

Legal Issues

  1. 1 Whether clause 3 of the Bullard Family Trust deed should be construed to exclude section 31 of the Trustee Act 1925
  2. 2 Whether the trust deed should be rectified to reflect the settlor's intention to create interests in possession for all primary beneficiaries, including minors

Ratio Decidendi

The trust deed did not reflect the settlor's true intention to create interests in possession for all primary beneficiaries, including minors, due to the mistaken inclusion of section 31 Trustee Act 1925. Rectification is granted to exclude section 31 and give effect to the settlor's intention.

Court Disposition

Rectification granted

Orders

  • Rectification of the deed of trust for the Bullard Family Trust to exclude section 31 Trustee Act 1925 and create interests in possession for all primary beneficiaries, including minors.