"Every great mistake has a halfway moment, a split second
when it can be recalled and perhaps remedied..." Pearl S.
Buck.
It is almost inevitable that during the life of most trusts
(which can now last indefinitely in many jurisdictions) there will
be some sort of mistake. The remedy available is dependent on who
made the mistake, the nature of the mistake and when the mistake
was made. Whilst some mistakes can be remedied without too much
trouble, there are some mistakes incapable of being remedied and
others that will require the approval of the court. With the
exception of mistakes made by the draftsman of the trust document,
the Trusts (Jersey) Law 1984 (Law) was amended by the Trusts
(Amendment No. 6) (Jersey) Law 2013 to put the doctrine of
"mistake" onto a statutory basis.
