Representation of F Trustees Limited 08-Mar-2021 [2021] JRC 063 (08 March 2021)

Representation of F Trustees Limited 08-Mar-2021 [2021] JRC 063 (08 March 2021)

The omission of Jersey residents from the Excluded Persons definition was a clear operative mistake, contrary to the specific intention of the settlor and parties, as evidenced by affidavits and correspondence. No other remedy is available, and all parties support rectification. The court exercises its discretion to rectify the deed as of 15 October 2014.

Citation
[2021] JRC 063
Parties
Applicant: B and F Trustees Limited; Representative for Minor and Unborn Beneficiaries: Advocate Chiddicks
Jurisdiction
Jersey
Judgment Date
08 March 2021
Procedural Posture
Application for Rectification of Trust Deed / Judgment
Outcome
application granted
Legal Topics
Rectification of Trust Deed, Excluded Persons, Operative Mistake
Trust Law Rectification of Trust Deed Excluded Persons Operative Mistake

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Parties

B and F Trustees Limited

Applicant

Advocate Chiddicks

Representative for Minor and Unborn Beneficiaries

Procedural Posture

Application for Rectification of Trust Deed / Judgment

Legal Issues

  1. 1 Whether the trust deed should be rectified to include Jersey residents as Excluded Persons
  2. 2 Whether the omission was an operative mistake justifying rectification

Ratio Decidendi

The omission of Jersey residents from the Excluded Persons definition was a clear operative mistake, contrary to the specific intention of the settlor and parties, as evidenced by affidavits and correspondence. No other remedy is available, and all parties support rectification. The court exercises its discretion to rectify the deed as of 15 October 2014.

Court Disposition

application granted

Orders

  • Rectification of the trust deed as of 15 October 2014 to include every individual resident in Jersey as Excluded Persons
  • No order as to costs