Mackay v Wesley WTLR(w) 2021-03

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Trustees and mistake: Where are we now?

Laura Abbott reviews recent case law to discern current attitudes towards rectifying a genuine mistake ‘If a trustee takes advice which later proves to be incorrect, Hastings-Bass is unlikely to relieve the trust of the financial consequences, but the broadened rule of mistake may (in some limited cases) serve to do so, depending on the …
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Mistake and Inheritance Act claims: Unintended consequences

Francis Ng outlines a rare modern example of rescission for mistake in hostile proceedings Clarke is unusual in that it is a rare modern example of rescission for mistake in hostile proceedings. Deputy Master Linwood gave judgment in Clarke v Allen on 23 May 2019. The decision covered two claims by Matilda Clarke (Matilda). One …
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