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

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

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.

Citation
[2005] JLR 421
Parties
Applicant: R. E. Sesemann Will Trust
Jurisdiction
Jersey
Judgment Date
03 November 2005
Procedural Posture
Trust Rectification Application / Judgment
Outcome
Application for rectification considered under established principles.
Legal Topics
Rectification of Trust Deeds, Mistake in Trust Instruments, Court's Discretion in Rectification
Trusts Rectification of Trust Deeds Mistake in Trust Instruments Court's Discretion in Rectification

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Parties

R. E. Sesemann Will Trust

Applicant

Procedural Posture

Trust Rectification Application / Judgment

Legal Issues

  1. 1 Whether the court may order rectification of a trust deed if by genuine mistake it fails to carry out the parties' intention
  2. 2 What are the requirements for rectification of a trust deed

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.