In re Madeley Children's Trusts v [1992] JLR_Note 13c (30 March 1992)
The court held that the presence of a tax advantage does not preclude the granting of rectification of a trust instrument.
- Parties
- Applicant: Madeley Children's Trusts
- Jurisdiction
- Jersey
- Judgment Date
- 30 March 1992
- Procedural Posture
- Rectification Application / Judgment
- Outcome
- rectification granted
- Legal Topics
- Rectification, Tax Advantage
Case Brief
Summary, issues, holding and outcome
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Parties
Madeley Children's Trusts
Applicant
Procedural Posture
Rectification Application / Judgment
Legal Issues
- 1 Whether the existence of a tax advantage is a bar to rectification of a trust instrument
Ratio Decidendi
The court held that the presence of a tax advantage does not preclude the granting of rectification of a trust instrument.
Court Disposition
rectification granted
Orders
- The trust instrument is rectified as sought by the applicant.
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