Trustees’ Mistakes – The Story Continues

In the recent case of In The Matter of The Representation of RBC Trust Company (Jersey) Limited And In The Matter of The B Life Interest (2012) JRC 229, the Royal Court of Jersey has again considered whether the doctrine of mistake can apply to voluntary dispositions made by a trustee.

The Court confirmed that Jersey law has diverged from English law on the question of whether a voluntary disposition made by a settlor can be set aside. For more information on that issue, please click here to see DQ's previous article on the S Trust case

However, the Jersey Court confirmed in cases of trustee mistake that Jersey law will follow English law and the reformulation of the Hastings-Bass principle, as set out in the case of Pitt v Holt.