When can mistakes in trust deeds be corrected?

Establishing trust structures can be an elaborate process, and if drafting errors go unnoticed, they can have serious consequences.

Babbé recently acted for a Trustee seeking rectification of several trust deeds, in which the discretionary beneficiary had been incorrectly cited. Instead of the intended beneficiary, a completely different, unrelated entity had been erroneously included by the deed’s draftsmen, who were lawyers in another jurisdiction.

This note is for information purposes only and is not intended to be legal advice.

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