Re Butlin's Settlement Trusts; Butlin v Butlin

JurisdictionEngland & Wales
CourtChancery Division
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96 cases
2 firm's commentaries
  • What's The Point? ' Some Questions In The Interpretation Of Wills
    • United Kingdom
    • Mondaq UK
    • 9 July 2021
    ...that some cases may fall between the operation of s.21 and statutory rectification. Take the example of Re Butlin's Settlement Trusts [1976] Ch 251, the leading case on rectification of unilateral settlements, in which the settlor had included a provision allowing the trustees to act by &qu......
  • Trouble in paradise — can an SMSF member be forcibly removed?
    • Australia
    • Mondaq Australia
    • 14 October 2014
    ...of action may be displaced if the trust instrument provides otherwise, as it does here: Re Butlin's Settlement Trusts; Butin v Butlin [1976] Ch 251. Therefore, the real position is, if SMSF trustees cannot agree, they cannot act — unless the SMSF governing rules says otherwise. Accordingly,......

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