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. …
Continue reading "Rectification: Clarifying the nature of the test"
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Wills & Trusts Law Reports | Summer 2018 #172By a lifetime settlement dated 7 December 2005 two sisters settled property on trust as to income for their father during his lifetime and as to capital for themselves if living at the end of the trust period, or their issue if not. The trustees also had a power of appointment in favour of a class of beneficiaries which included the settlors.
However, clause 13 provided that “No discretion or power conferred on the Trustees or any other person by this Deed or by law shall be exercised, and no provision of this Deed shall operate directly or indirectly, so as to cause or permit any...
