In the matter of A [2011] JRC 008 (14 January 2011)

In the matter of A [2011] JRC 008 (14 January 2011)

The Court found a genuine mistake in the 2000 instrument, as it incorrectly referred to a protector as Appointor when no protector existed and the power of appointment vested in the retiring trustee J. The instrument was executed by the correct parties, and rectification is the only practical remedy due to the dissolution of J and the impracticality of other remedies. Rectification was granted to retrospectively validate the appointments and acts of trustees.

Citation
[2011] JRC 008
Parties
Applicant: Representor; Respondent: B (the settlor's son); Respondent: C (daughter); Respondent: D (daughter); Respondent: E (minor daughter, represented by B)
Jurisdiction
Jersey
Judgment Date
14 January 2011
Procedural Posture
Rectification of Trust Instrument / Judgment on Application for Rectification
Outcome
rectification granted
Legal Topics
Rectification of Trust Deed, Appointment and Retirement of Trustees, Mistake in Legal Instrument
Trust Law Rectification of Trust Deed Appointment and Retirement of Trustees Mistake in Legal Instrument

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Parties

Representor

Applicant

B (the settlor's son)

Respondent

C (daughter)

Respondent

D (daughter)

Respondent

E (minor daughter, represented by B)

Respondent

Procedural Posture

Rectification of Trust Instrument / Judgment on Application for Rectification

Legal Issues

  1. 1 Whether the 2000 instrument of appointment and retirement of trustees should be rectified due to errors regarding the identity of the Appointor and references to a non-existent protector.

Ratio Decidendi

The Court found a genuine mistake in the 2000 instrument, as it incorrectly referred to a protector as Appointor when no protector existed and the power of appointment vested in the retiring trustee J. The instrument was executed by the correct parties, and rectification is the only practical remedy due to the dissolution of J and the impracticality of other remedies. Rectification was granted to retrospectively validate the appointments and acts of trustees.

Court Disposition

rectification granted

Orders

  • The 2000 instrument of appointment and retirement of trustees is rectified to reflect that J, the retiring trustee, was the Appointor and to remove references to a non-existent protector.