Mistaken dispositions into trust — a recent case heard before Royal Court of Guernsey

Appleby recently acted in the matter of Dervan and MD Events v Concept Fiduciaries Ltd and Others for applicants to the Royal Court of Guernsey who sought to set aside two dispositions into an employee benefit trust on the ground of mistake.

The intention behind the trust structure was to make provision for the first applicant for the rest of her life. However, once the trust had been established and the assets had been transferred into the trust, it was established that the first applicant was actually excluded from being a beneficiary.

The matters before the Royal Court included detailed consideration of a number of important issues for this type of application including the applicable law, which parties ought to be convened for the hearing of the application and the principles set down by the English Court of Appeal in Pitt v Holt and Futter v Futter

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