The enactment of the Trust (Amendment No 6) (Jersey) Law 2013
(Amendment 6), saw Jersey introduce a statutory basis for relief to
be granted for mistake in the form of Article 47E of the Trusts
(Jersey) Law 1984 (the Law). There have been a number of decisions
of the Royal Court in this area since then, although until the
decision in In the Matter of the D, E and F Trusts those
cases were decided on the basis of the pre-existing law.
Whilst the Court (for example in In the Matter of the
Strathmullen Trust and The Representation of the Robinson
Annuity Investment Trust) had previously considered the
potential application of Article 47E, and the interplay between the
pre-existing law (particularly Article 11 of the Law) largely
concluding on facts of earlier cases that the pre-existing
provisions of the Law applied, the decision in In the Matter of
the D, E and F Trusts represents the first time that the Court
has granted relief for mistake squarely within Article
47E.
