Rectification And Variation – Full Evidence Still Required

The Jersey Court has a well-established jurisdiction to rectify trust documents whose terms do not carry out the true intentions of the parties.  The test is also well-established and requires evidence of a genuine mistake so that the document does not carry out those intentions, full and frank disclosure and for there to be no other practical remedy.  In its decision in H and J Trusts the Royal Court held that, where there is insufficient evidence of the relevant party having addressed its mind to include a particular clause (in that case a power of amendment), the omission could not be considered to be a genuine mistake – rectification cannot be used to improve upon the provisions originally included.