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Jersey Case Law

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Trusts [2023] JRC 192

Representation of IQ EQ (NTC Trustees) (Jersey) Ltd and Anor

Representation of IQ EQ (NTC Trustees) (Jersey) Ltd and Anor [2023] JRC 192 (21 October 2023)

The Royal Court rectified a deed of appointment and retirement to correct a drafting error, confirming Nautilus was validly appointed trustee of the Jersey trust.

  • Rectification of trust deed
  • Appointment of trustees
  • Trustee de son tort
  • Jurisdiction
  • Remuneration claims
  • Trust-deed-rectification
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Trusts

In the Matter of the Representation of F Trustees Limited

The Royal Court rectified a 2014 trust deed to include Jersey residents in the excluded persons definition, finding a drafting mistake and granting no costs order.

  • Rectification of trust deed
  • Excluded persons definition
  • Validity of appointment to trust property
  • Rectification-of-trust-deed
  • Trusts
  • Excluded-persons
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Trust law [2021] JRC 063

Representation of F Trustees Limited 08-Mar-2021

Representation of F Trustees Limited 08-Mar-2021 [2021] JRC 063 (08 March 2021)

The Jersey Royal Court granted rectification of a trust deed after finding an operative mistake in the excluded persons definition and no alternative remedy.

  • Rectification of trust deed
  • Excluded persons
  • Operative mistake
  • Trust-law
  • Trust-deed-rectification
  • Excluded-persons
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Trusts [2017] JRC 024

Representation of A Ltd and in the matter of the B Trust

Representation of A Ltd and in the matter of the B Trust [2017] JRC 024 (14 February 2017)

The Jersey Royal Court rectified a 2007 trust deed so Mrs C became the sole beneficiary, finding a genuine mistake and no intention to benefit charity.

  • Rectification of trust deed
  • Mistake in trust administration
  • Beneficiary exclusion and addition
  • Trustee powers
  • Charitable trusts
  • Trust-rectification
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Trust law [2011] JRC 008

In the matter of A

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

The court rectified a trust instrument that wrongly referred to a non-existent protector as the appointor, holding that rectification was the only practical remedy.

  • Rectification of trust deed
  • Appointment and retirement of trustees
  • Mistake in legal instrument
  • Trust-law
  • Rectification
  • Trustee-appointment
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Trust law [2010] JRC 012

Representation of AIB JERSEY TRUST Ltd

Representation of AIB JERSEY TRUST Ltd [2010] JRC 012 (21 January 2010)

A Jersey trust failed for lack of certainty of objects because the default charity was omitted, but the court ordered rectification to insert the intended RNLI beneficiary.

  • Validity of discretionary trust
  • Rectification of trust deed
  • Certainty of objects
  • Trust-law
  • Rectification
  • Certainty-of-objects
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Trust law [2008] JRC 071

C Trust

C Trust [2008] JRC 071 (02 May 2008)

The Jersey Royal Court rectified a trust deed to correct a typographical omission that had frustrated the settlor’s intended interests in possession and inheritance tax planning.

  • Rectification of trust deed
  • Mistake in trust documentation
  • Inheritance tax mitigation
  • Trust-rectification
  • Drafting-mistake
  • Inheritance-tax
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Trust law [2007] JRC 191

Fenchurch Trust Ltd and Hawtrey Discretionary Trust

Fenchurch Trust Ltd and Hawtrey Discretionary Trust [2007] JRC 191 (04 October 2007)

The Royal Court of Jersey rectified a trust deed that mistakenly described the settlor as a co-trustee, holding the document failed to reflect the parties’ true intention.

  • Rectification of trust deed
  • Mistake in trust documentation
  • Trustee appointment
  • Discretionary trusts
  • Trust-law
  • Trust-deed-rectification
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Trust law [2004] JRC 219

re Abacus v

re Abacus v [2004] JRC 219 (16 December 2004)

The Jersey Royal Court rectified the Peach and Dolphin Trust to reflect the settlor’s intention on income and appointment powers, and ordered costs from the trust fund.

  • Rectification of trust deed
  • Discretionary trusts
  • Beneficiary rights
  • Protector consent
  • Trust-law
  • Rectification-of-trust-deed
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.