In the matter of DD [2010] JRC 193 (21 October 2010)

In the matter of DD [2010] JRC 193 (21 October 2010)

A genuine mistake was made so the trust and declaration did not carry out the true intentions of the parties; rectification is the preferred remedy as it preserves the settlor's intended structure.

Citation
[2010] JRC 193
Parties
First Representor, Current Trustee: DD; Second Representor, Settlor: A; Original Trustee: D
Jurisdiction
Jersey
Judgment Date
21 October 2010
Procedural Posture
Rectification Application / Judgment
Outcome
application granted
Legal Topics
Rectification of Trust, Mistake, Inheritance Tax, Capital Gains Tax
Trusts Tax Rectification of Trust Mistake Inheritance Tax Capital Gains Tax

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Parties

DD

First Representor, Current Trustee

A

Second Representor, Settlor

D

Original Trustee

Procedural Posture

Rectification Application / Judgment

Legal Issues

  1. 1 Whether the trust deed and declaration should be rectified due to mistake
  2. 2 Whether the trust should be set aside on the basis of mistake

Ratio Decidendi

A genuine mistake was made so the trust and declaration did not carry out the true intentions of the parties; rectification is the preferred remedy as it preserves the settlor's intended structure.

Court Disposition

application granted

Orders

  • Rectification of the trust to create successive life interests for settlor and wife
  • Rectification of the declaration to remove reference to settlor's personal account