Walbrook Trustees re Amethyste Trust v [2002] JRC 186 (10 October 2002)

Walbrook Trustees re Amethyste Trust v [2002] JRC 186 (10 October 2002)

The Fourth Schedule was included in error, excluding the Settlor's grandchildren contrary to the Settlor's intention. The grounds for rectification are satisfied, and the Settlement is ordered to be rectified as applied for.

Citation
[2002] JRC 186
Parties
Applicant: Walbrook Trustees (Jersey) Limited; Settlor: Michael John Bentley; Respondent: Mr O'Connell
Jurisdiction
Jersey
Judgment Date
10 October 2002
Procedural Posture
Application for Rectification of Trust Settlement / Judgment
Outcome
application granted
Legal Topics
Rectification of Trust, Mistake in Trust Deed, Excluded Beneficiaries
Trusts Equity Rectification of Trust Mistake in Trust Deed Excluded Beneficiaries

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Parties

Walbrook Trustees (Jersey) Limited

Applicant

Michael John Bentley

Settlor

Mr O'Connell

Respondent

Procedural Posture

Application for Rectification of Trust Settlement / Judgment

Legal Issues

  1. 1 Whether the Settlement should be rectified due to an error excluding intended beneficiaries
  2. 2 Whether the Fourth Schedule was included by mistake contrary to the Settlor's intention

Ratio Decidendi

The Fourth Schedule was included in error, excluding the Settlor's grandchildren contrary to the Settlor's intention. The grounds for rectification are satisfied, and the Settlement is ordered to be rectified as applied for.

Court Disposition

application granted

Orders

  • Settlement rectified by deleting existing Fourth Schedule and replacing with new wording as applied for
  • Trustee's costs adjourned sine die with liberty to restore