C Trust [2008] JRC 071 (02 May 2008)

C Trust [2008] JRC 071 (02 May 2008)

The Court found convincing evidence of a genuine mistake in the trust deed, full and frank disclosure, and no other practical remedy. Delay did not diminish the quality of evidence. Rectification was granted to reflect the parties' true intention and avoid unjust tax consequences.

Citation
[2008] JRC 071
Parties
Settlor: SW; Trustee/representor: Bedell Trustees Limited; Minor Beneficiary: CW
Jurisdiction
Jersey
Judgment Date
02 May 2008
Procedural Posture
Trust Rectification / Judgment on Application for Rectification
Outcome
rectification granted
Legal Topics
Rectification of Trust Deed, Mistake in Trust Documentation, Inheritance Tax Mitigation
Trust Law Equity Rectification of Trust Deed Mistake in Trust Documentation Inheritance Tax Mitigation

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Parties

SW

Settlor

Bedell Trustees Limited

Trustee/representor

CW

Minor Beneficiary

Procedural Posture

Trust Rectification / Judgment on Application for Rectification

Legal Issues

  1. 1 Whether the trust deed should be rectified to correct a typographical error that defeated the intended interests in possession.
  2. 2 Whether delay in bringing the application should bar rectification.

Ratio Decidendi

The Court found convincing evidence of a genuine mistake in the trust deed, full and frank disclosure, and no other practical remedy. Delay did not diminish the quality of evidence. Rectification was granted to reflect the parties' true intention and avoid unjust tax consequences.

Court Disposition

rectification granted

Orders

  • Trust deed rectified to insert the omitted words and reflect the intended interests in possession.
  • Representor to bear its own costs and pay the costs of SW and CW.