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STEP Jersey Breakfast Meeting - Remedies for Trustees—the three Rs: Rectification, Ratification and Rescission

Pomme d’Or Hotel

Thursday 23rd February , 7:45-9:10

Speaker: Robert MacRae of Carey Olsen
Carey Olsen partner Robert MacRae has recently been involved in a number of ground-breaking trust cases which will have an impact upon future trust applications in 2012 and beyond. Rectification: the Court has clarified the situations in which this discretionary remedy will be available in the future. Ratification: for the first time in a reported judgment, the Court agreed to ratify the acts of an invalidly appointed trustee.  Finally, rescission: in a landmark judgment, the Royal Court of Jersey significantly departed from English court authority on the question of the circumstances in which a settlor of a trust can have his or her gift into trust set aside on the ground of mistake.

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