ARTICLE · 22 FEBRUARY 2017

Trust Essentials: February 2017

Ogier

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The line between rectification and improvement is a significant one in terms of trust documents. The Jersey Royal Court's judgment In The Matter of the H and J Trusts further clarifies the distinction.

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Kate Kirk

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The Jersey court's high bar to rectification of trust documents

The line between rectification and improvement is a significant one in terms of trust documents. The Jersey Royal Court's judgment In The Matter of the H and J Trusts further clarifies the distinction.

In the judgment, relevant to practitioners who work with Jersey and Guernsey trusts, the Royal Court approved the rectification of a mistake, but declined to go so far as to improve upon the provisions as originally prepared.

Ogier's Jersey Head of Dispute Resolution Nigel Sanders explains where the Royal Court found the line, the implications for practitioners, and what it means for those drafting complex trust documents.

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