rectification; variation

This tag is associated with 2 posts

Who is the settlor’s spouse?

A recent application for variation or rectification of the deeds of two mirror trusts highlights the need for careful consideration when drafting deeds of trust.  The deeds in question define the Final Beneficiaries to include the husband/wife (as relevant) of each settlor.  Some years later the husband and wife separated and their marriage was subsequently dissolved.  The … Continue reading

Errors in deeds of trust

Mistakes happen in all walks of life.  Some are easy to remedy, others, not so much.  What happens when a mistake occurs in a deed of trust? Some mistakes can be corrected through the trustee’s power to vary; if the deed provides for that.  Where the trustees do not have a power of variation, a … Continue reading