In re R.E. Sesemann Will Trust v [2005] JLR 421 (03 November 2005)
- Citation
- [2005] JLR 421
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trust Rectification Application / Judgment
More details
- Posture
- Trust Rectification Application / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Rectification is only available where a trust deed fails to carry out the parties' intention due to a genuine mistake, provided there is full and frank disclosure and no other practical remedy; rectification is not available if the deed reflects the parties' intention but fails to achieve their objective.
Court disposition
Application for rectification considered under established principles.
02
Material facts
Parties
R. E. Sesemann Will Trust
Applicant03
Procedural history
Posture
Trust Rectification Application / Judgment
04
Questions and positions
Legal issues
- 01
Whether the court may order rectification of a trust deed if by genuine mistake it fails to carry out the parties' intention
- 02
What are the requirements for rectification of a trust deed
Party arguments
- Applicant
- The trust deed does not reflect the true intention of the parties due to a genuine mistake and should be rectified to give effect to that intention.
- Respondent
- Rectification should not be granted if the deed carries out the parties' intention, even if it fails to achieve the objective sought.
05
Court’s reasoning
Legal principles
- 01
[2005] JLR 421
The court may order rectification if (a) by genuine mistake, the deed fails to carry out the parties' intention; (b) there is full and frank disclosure; and (c) there is no other practical remedy.
- 02
[2005] JLR 421
Distinction between intention and objective: no rectification if the deed carries out the parties' intention but fails to achieve the objective sought.
06
Ratio, limits and disposition
Ratio decidendi
Rectification is only available where a trust deed fails to carry out the parties' intention due to a genuine mistake, provided there is full and frank disclosure and no other practical remedy; rectification is not available if the deed reflects the parties' intention but fails to achieve their objective.
Court disposition
Application for rectification considered under established principles.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re R. E. Sesemann Will Trust v [2005] JLR 421 (03 November 2005) URL: https://www.bailii.org/je/cases/JLR/2005/JLR050421.html Cite as: [2005] JLR 421 [ New search ] [ Help ] In re R. E. Sesemann Will Trust v 2005 JLR 421 (03 November 2005) Trusts-rectification-discretion of court-may order rectification if (a) by genuine mistake, deed fails to carry out parties' intention; (b) full and frank disclosure; and (c) no other practical remedy-distinction between intention and objective-no rectification if deed carries out parties' intention but fails to achieve objective sought The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2005 JLR 421 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2005/JLR050421.html
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