In re Moody "A" Settlement v [1990] JLR 264 (07 December 1987)

In re Moody "A" Settlement v [1990] JLR 264 (07 December 1987)

The court is not obliged to refuse rectification solely because it may result in legitimate tax avoidance; discretion must be exercised cautiously.

Citation
[1990] JLR 264
Parties
Applicant: Moody 'A' Settlement
Jurisdiction
Jersey
Judgment Date
07 December 1987
Procedural Posture
Trust Rectification / Judgment
Outcome
rectification granted
Legal Topics
Rectification, Discretion of Court, Tax Avoidance
Trusts Rectification Discretion of Court Tax Avoidance

Case Brief

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Parties

Moody 'A' Settlement

Applicant

Procedural Posture

Trust Rectification / Judgment

Legal Issues

  1. 1 Whether the court should exercise its discretion to rectify a trust instrument when the effect may be to avoid UK tax

Ratio Decidendi

The court is not obliged to refuse rectification solely because it may result in legitimate tax avoidance; discretion must be exercised cautiously.

Court Disposition

rectification granted

Orders

  • Trust instrument rectified as requested