Wills & Trusts Law Reports | Summer 2023 #191The claimant’s mother settled a trust by way of a trust deed dated 29 April 1985. The trust was originally a discretionary trust with the claimant and his mother as trustees and a wide class of beneficiaries. The only asset of the trust was the family home in Surrey (the property). The trust was a discretionary trust during the claimant’s mother’s lifetime, with an absolute trust in favour of the claimant on her death. By a deed dated 30 June 2008, the first defendant (the claimant’s cousin) and the second defendant (a solicitor) were appointed as trustees.
The claimant’s mother d...
Lawrence Hiller-Wood and Richard Dew discuss the High Court’s current approach to setting aside mistakes Care should always be taken when dealing with or amending pre-2006 interests in possession to ensure that there are no unintended or costly consequences. The recent High Court decision in Hopes v Burton [2022] is a helpful reminder of the …
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The Jersey Royal Court has taken a divergent approach to rectification. Hugh Gunson and Thomas Watts analyse a recent decision The Jersey Royal Court’s conclusion that there is no merit in maintaining the fourth limb of the test for rectification is striking, particularly in view of the comments made by the Jersey Court of Appeal. …
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Wills & Trusts Law Reports | Winter 2022 #189The trustees of two Jersey trusts known as the Piedmont Trust and the Riviera Trust made a Public Trustee v Cooper Category 2 type application for a ‘blessing’ of their decision to make distributions that would exhaust the funds of those trusts.
Detailed background to the trusts and of disputes that had previously arisen in relation to them was set out in Re Jasmine Trustees Ltd and Piedmont Trust [2015] (the 2015 judgment) and Re Piedmont Trust and Riviera Trust [2018] (the 2018 judgment).
The Piedmont Trust was a revocable discretionary trust es...
Is a transaction one by which one party intended bounty on another with a false belief of the outcome of the transaction? Donna Matthews considers this question recently considered by the High Court of Justice of the Isle of Man The equitable jurisdiction is normally invoked where a disposition into a trust has unforeseen consequences …
Continue reading "Offshore trusts: Equitable mistakes and undoing the past"
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