In re Westbury Settlement v [2001] JLR_Note 17 (26 March 2001)

In re Westbury Settlement v [2001] JLR_Note 17 (26 March 2001)

Rectification is granted if the court is satisfied that the instrument does not reflect the true intention of the settlor due to a mistake.

Parties
Applicant: Westbury Settlement
Jurisdiction
Jersey
Judgment Date
26 March 2001
Procedural Posture
Trust Rectification / Judgment
Outcome
rectification granted
Legal Topics
Rectification of Trusts
Trusts Rectification of Trusts

Case Brief

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Parties

Westbury Settlement

Applicant

Procedural Posture

Trust Rectification / Judgment

Legal Issues

  1. 1 What are the requirements for rectification of a trust instrument?

Ratio Decidendi

Rectification is granted if the court is satisfied that the instrument does not reflect the true intention of the settlor due to a mistake.

Court Disposition

rectification granted

Orders

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