Jersey Judgment

In re R.E. Sesemann Will Trust v [2005] JLR 421 (03 November 2005)

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Professional case brief

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Source document

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

Applicant

03

Procedural history

  1. Posture

    Trust Rectification Application / Judgment

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment text

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Source document

Court record

Judgment

[2005] JLR 421

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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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[2005] JLR 421

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