In re Madge's Settlement v [1994] JLR_Note 16b (17 May 1994)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Rectification / Judgment
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Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the burden of proof for rectification rests with the applicant, who must demonstrate on the balance of probabilities that the instrument fails to reflect the true intention due to a mistake.
Court disposition
Application for rectification considered; burden of proof clarified.
02
Material facts
Parties
In re Madge's Settlement
Applicant03
Procedural history
Posture
Rectification / Judgment
04
Questions and positions
Legal issues
What is the burden of proof required for rectification of a trust instrument?
Party arguments
- Applicant
- The applicant seeks rectification of the trust instrument, contending that the document does not reflect the true intention of the settlor due to a mistake.
- Respondent
- The respondent challenges the application, arguing that the burden of proof for rectification has not been met.
05
Court’s reasoning
Legal principles
- 01
Jersey law on rectification
The burden of proof in applications for rectification lies on the party seeking rectification to establish that the instrument does not reflect the true intention due to a mistake.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the burden of proof for rectification rests with the applicant, who must demonstrate on the balance of probabilities that the instrument fails to reflect the true intention due to a mistake.
Court disposition
Application for rectification considered; burden of proof clarified.
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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