In re Madge's Settlement v [1994] JLR_Note 16b (17 May 1994)
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.
- Parties
- Applicant: In re Madge's Settlement
- Jurisdiction
- Jersey
- Judgment Date
- 17 May 1994
- Procedural Posture
- Rectification / Judgment
- Outcome
- Application for rectification considered; burden of proof clarified.
- Legal Topics
- Rectification, Burden of Proof
Case Brief
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Parties
In re Madge's Settlement
Applicant
Procedural Posture
Rectification / Judgment
Legal Issues
- 1 What is the burden of proof required for rectification of a trust instrument?
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.
Full Case Text
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