In re MJB/SJB Amethyste Trust v [2002] JLR_Note 39 (10 October 2002)
Rectification may be granted where the court is satisfied that the trust instrument fails to reflect the true intention of the parties due to a mistake, and the requirements for rectification are met.
- Parties
- Applicant: MJB/SJB Amethyste Trust
- Jurisdiction
- Jersey
- Judgment Date
- 10 October 2002
- Procedural Posture
- Trust Rectification / Judgment
- Outcome
- Not specified in the provided text.
- Legal Topics
- Rectification, Discretion, Requirements
Case Brief
Summary, issues, holding and outcome
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Parties
MJB/SJB Amethyste Trust
Applicant
Procedural Posture
Trust Rectification / Judgment
Legal Issues
- 1 Whether the court should exercise its discretion to rectify the trust instrument
- 2 What requirements must be satisfied for rectification of a trust
Ratio Decidendi
Rectification may be granted where the court is satisfied that the trust instrument fails to reflect the true intention of the parties due to a mistake, and the requirements for rectification are met.
Court Disposition
Not specified in the provided text.
Full Case Text
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