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Revoking the Irrevocable

January 2012 - Litigation & Dispute Resolution. Legal Developments by Ogier .

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In the matter of the DDD Settlements [2011] JRC243

Excluding someone irrevocably from benefitting from trust assets normally means just that. The magic bullets of mistake and Hastings Bass have had their wings clipped somewhat, though the Jersey Court has pursued its own course in respect of the former, and its all to play for in the Supreme Court regarding the latter. But what if there were no error involved in the exclusion in any event? What if the exclusion had been effected just as intended? That was the position the Jersey Court faced with the DDD Settlements. 

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