Andrews & Ors v Andrews & Anor

Andrews & Ors v Andrews & Anor

The claimants established by unchallenged evidence that they intended the trust to benefit all their grandchildren equally, including those born after the trust was settled. The trust deed did not reflect this intention due to a mistake as to its legal effect. The requirements for equitable rectification are satisfied, and rectification will give effect to the true intention of the settlors.

Parties
Claimant: Peter David Andrews; Claimant: Gillian Ruth Andrews; Claimant: Timothy David Andrews; Defendant: Zoe Isobel Andrews (a child, by Stephen Anselm Fox, her litigation friend); Defendant: Timothy Robson Fairclough
Jurisdiction
England and Wales
Judgment Date
15 April 2014
Procedural Posture
Civil / Judgment
Outcome
claim allowed
Legal Topics
Rectification of Trust, Mistake in Trust Deed, Discretionary Beneficiaries
Equity Trusts Rectification of Trust Mistake in Trust Deed Discretionary Beneficiaries

Case Brief

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Parties

Peter David Andrews

Claimant

Gillian Ruth Andrews

Claimant

Timothy David Andrews

Claimant

Zoe Isobel Andrews (a child, by Stephen Anselm Fox, her litigation friend)

Defendant

Timothy Robson Fairclough

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Andrews Family Trust deed should be rectified to reflect the settlors' true intention to benefit all grandchildren equally, including those born after the trust was settled
  2. 2 Whether the requirements for equitable rectification of a voluntary settlement for mistake are satisfied

Ratio Decidendi

The claimants established by unchallenged evidence that they intended the trust to benefit all their grandchildren equally, including those born after the trust was settled. The trust deed did not reflect this intention due to a mistake as to its legal effect. The requirements for equitable rectification are satisfied, and rectification will give effect to the true intention of the settlors.

Court Disposition

claim allowed

Orders

  • The trust deed is to be rectified as specified in the schedule to the order to give trustees overriding powers of appointment for the benefit of all discretionary beneficiaries, including during Zoe's lifetime.
  • Zoe Isobel Andrews is appointed to represent her future spouses and civil partners.