Representation of H1 Trust Company Ltd [2013] JRC 039 (19 February 2013)

Representation of H1 Trust Company Ltd [2013] JRC 039 (19 February 2013)

The 2005 deed contained a clear clerical error substituting 'Protector' for 'Existing Joint Trustee and Retiring Trustee'; the intention and parties were clear, and the correction is obvious. The deed is effective as a matter of construction to appoint H&P as trustee from the date of execution.

Citation
[2013] JRC 039
Parties
Representor/applicant: H&P Trust Company Limited (now H1 Trust Company Limited); Continuing Trustee: Warren Trustees Limited (now Warren (1992) Limited); Retiring Trustee: Elysium Trustees Limited; Beneficiaries/respondents: Tamara Hetmanska Family Trust beneficiaries
Jurisdiction
Jersey
Judgment Date
19 February 2013
Procedural Posture
Trustee Appointment Confirmation Application / Judgment After Hearing
Outcome
Declaration granted confirming valid appointment of H&P Trust Company Limited as trustee from 1 December 2005.
Legal Topics
Appointment of Trustees, Rectification, Construction of Deeds, Clerical Error, Discretionary Remedy
Trusts Equity Private Client Appointment of Trustees Rectification Construction of Deeds Clerical Error Discretionary Remedy

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Parties

H&P Trust Company Limited (now H1 Trust Company Limited)

Representor/applicant

Warren Trustees Limited (now Warren (1992) Limited)

Continuing Trustee

Elysium Trustees Limited

Retiring Trustee

Tamara Hetmanska Family Trust beneficiaries

Beneficiaries/respondents

Procedural Posture

Trustee Appointment Confirmation Application / Judgment After Hearing

Legal Issues

  1. 1 Whether H&P Trust Company Limited was validly appointed as trustee of the Tamara Hetmanska Family Trust by the 2005 deed
  2. 2 Whether the 2005 deed can be construed to correct a clerical error without rectification
  3. 3 Whether rectification is necessary or construction suffices

Ratio Decidendi

The 2005 deed contained a clear clerical error substituting 'Protector' for 'Existing Joint Trustee and Retiring Trustee'; the intention and parties were clear, and the correction is obvious. The deed is effective as a matter of construction to appoint H&P as trustee from the date of execution.

Court Disposition

Declaration granted confirming valid appointment of H&P Trust Company Limited as trustee from 1 December 2005.

Orders

  • Declaration that H&P Trust Company Limited (now H1 Trust Company Limited) was validly appointed as trustee by the 2005 deed.
  • No order as to costs; costs not to be borne by the Trust.