Viscount Wimborne v Abacus (C.I.) Ltd. [1987] JLR_Note 22b (26 February 1987)

Viscount Wimborne v Abacus (C.I.) Ltd. [1987] JLR_Note 22b (26 February 1987)

Rectification is available where a trust instrument does not reflect the settlor's true intention due to a mistake arising from incorrect legal advice.

Parties
Applicant: Viscount Wimborne; Respondent: Abacus (C. I.) Ltd.
Jurisdiction
Jersey
Judgment Date
26 February 1987
Procedural Posture
Rectification / Judgment
Outcome
rectification granted
Legal Topics
Rectification, Mistake, Incorrect Legal Advice
Equity Rectification Mistake Incorrect Legal Advice

Case Brief

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Parties

Viscount Wimborne

Applicant

Abacus (C. I.) Ltd.

Respondent

Procedural Posture

Rectification / Judgment

Legal Issues

  1. 1 Whether a trust instrument can be rectified due to a mistake arising from incorrect legal advice to the settlor

Ratio Decidendi

Rectification is available where a trust instrument does not reflect the settlor's true intention due to a mistake arising from incorrect legal advice.

Court Disposition

rectification granted

Orders

  • The trust instrument is to be rectified to reflect the settlor's true intention.