In re Smouha Family Trust v [1998] JLR_Note 19b (26 November 1998)
The court reaffirmed the principles guiding the exercise of discretion in rectification of trust instruments, focusing on the need for clear evidence of mistake and original intention.
- Parties
- Applicant: Smouha Family Trust
- Jurisdiction
- Jersey
- Judgment Date
- 26 November 1998
- Procedural Posture
- Rectification Application / Judgment
- Outcome
- application granted
- Legal Topics
- Rectification of Trust, Court Discretion
Case Brief
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Parties
Smouha Family Trust
Applicant
Procedural Posture
Rectification Application / Judgment
Legal Issues
- 1 What are the principles governing the court's discretion to rectify a trust instrument?
Ratio Decidendi
The court reaffirmed the principles guiding the exercise of discretion in rectification of trust instruments, focusing on the need for clear evidence of mistake and original intention.
Court Disposition
application granted
Orders
- Trust instrument rectified in accordance with the court's findings.
Full Case Text
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