Philean Trust Co. Ltd. v Taylor [2003] JLR 61 (18 February 2003)

Philean Trust Co. Ltd. v Taylor [2003] JLR 61 (18 February 2003)

The trust deed must be interpreted according to the objective meaning of its unambiguous words, considering the document as a whole and the surrounding circumstances, with a presumption of legal meaning when drafted by a lawyer; extrinsic evidence of the settlor's contrary intention does not override this.

Citation
[2003] JLR 61
Parties
Applicant: Philean Trust Co. Ltd.; Respondent: Taylor
Jurisdiction
Jersey
Judgment Date
18 February 2003
Procedural Posture
Civil / Judgment
Outcome
judgment for applicant
Legal Topics
Interpretation of Trust Deeds, Construction of Legal Documents
Trust Law Interpretation of Trust Deeds Construction of Legal Documents

Case Brief

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Parties

Philean Trust Co. Ltd.

Applicant

Taylor

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 How should a trust deed be interpreted when the words used are unambiguous?
  2. 2 What is the effect of extrinsic evidence of the settlor's intention when the deed is drafted by a lawyer?

Ratio Decidendi

The trust deed must be interpreted according to the objective meaning of its unambiguous words, considering the document as a whole and the surrounding circumstances, with a presumption of legal meaning when drafted by a lawyer; extrinsic evidence of the settlor's contrary intention does not override this.

Court Disposition

judgment for applicant