In re Westbury Settlement v [2001] JRC 72 (26 March 2001)

In re Westbury Settlement v [2001] JRC 72 (26 March 2001)

The Court was satisfied that there was sufficient evidence of a genuine mistake in the Deed of Settlement, that the Settlor's intention was not carried out due to this error, that the highest probability test was met, full and frank disclosure was made, and no other practical remedy existed. Therefore, the rectification was granted.

Citation
[2001] JRC 72
Parties
Trustee: Michael Baron Pascoe; Trustee: Deanne Mary Pascoe; Settlor: Brian Robert Westbury; Beneficiaries: Other affected parties
Jurisdiction
Jersey
Judgment Date
26 March 2001
Procedural Posture
Application for Rectification of Trust Deed / Judgment
Outcome
Application granted
Legal Topics
Rectification of Trust Deed, Mistake in Trust Instrument
Trusts Equity Rectification of Trust Deed Mistake in Trust Instrument

Case Brief

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Parties

Michael Baron Pascoe

Trustee

Deanne Mary Pascoe

Trustee

Brian Robert Westbury

Settlor

Other affected parties

Beneficiaries

Procedural Posture

Application for Rectification of Trust Deed / Judgment

Legal Issues

  1. 1 Whether the Deed of Settlement should be rectified to reflect the Settlor's true intention

Ratio Decidendi

The Court was satisfied that there was sufficient evidence of a genuine mistake in the Deed of Settlement, that the Settlor's intention was not carried out due to this error, that the highest probability test was met, full and frank disclosure was made, and no other practical remedy existed. Therefore, the rectification was granted.

Court Disposition

Application granted

Orders

  • Order for rectification of the Deed of Settlement as sought by the Trustees