Re Butlin's Settlement Trusts; Butlin v Butlin
Jurisdiction | England & Wales |
Date | 1976 |
Court | Chancery Division |
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103 cases
- All persons in occupation of the wooden house erected on a portion of land held under Grant No 26977 for Lot 4271 in the Township of Johor Bahru, Johor and another action (No 2); Punca Klasik Sdn Bhd
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Briggs v Integritas Trust Management (Cayman) Ltd
...applied.applied. (2) Bonhote v. Henderson, [1895] 1 Ch. 742, dicta of Kekewich J. considered. (3) Butlin”s Settlement Trusts, In re, [1976] Ch. 251; [1976] 2 All E.R. 483, dicta of Brightman J. applied. (4) Fowler v. FowlerENR(1859), 4 De G. & J. 250; 45 E.R. 97. (5) Hanley v. PearsonELR(18......
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Vallings v Gibbon and Another
...to be treated as a unilateral transaction or a contract inter partes, some assistance is given in the case of Re Butlins Settlements [1976] Ch 251 at 262, where Brightman J explains that the real question is whether or not there is an instrument which gives rise to a bargain between (in thi......
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Peter David Andrews and Others v Zoe Isobel Andrews and Another
...from the seminal judgment on rectification for unilateral mistake of a voluntary settlement of Mr Justice Brightman in the case of Re Butlin's Settlement Trust [1976] Ch 251, at pages 260 to 261. There, Mr Justice Brightman made it clear that the equitable remedy of rectification was availa......
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4 firm's commentaries
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What's The Point? ' Some Questions In The Interpretation Of Wills
...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 "un......
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Trouble in paradise can an SMSF member be forcibly removed?
...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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Common Mistake, Rectification And The Danger Of Box-ticking
...the absence of proof of any mistake by the trustees appointed under a settlement, in some circumstances: in Re Butlin's Settlement Trusts [1976] Ch 251 there was no mistake proven the part of four out of five trustees (only the other trustee and the settlor were proved to have been mistaken......
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Common Mistake, Rectification And The Danger Of Box-ticking
...the absence of proof of any mistake by the trustees appointed under a settlement, in some circumstances: in Re Butlin's Settlement Trusts [1976] Ch 251 there was no mistake proven the part of four out of five trustees (only the other trustee and the settlor were proved to have been mistaken......
2 books & journal articles
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Table of Cases
...Inc. (1989), 101 N.R. 147, [1990] 1 F.C. 221, [1989] F.C.J. No. 950 (C.A.) ...................... 74 In re Butlin’s Settlement Trusts, [1976] Ch. 251, [1976] 2 W.L.R. 547, [1976] 2 All E.R. 483 ............................................................. 505 In re Supply of Ready Mixed Con......
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Rectification
...Wasauking First Nation v. Wasausink Lands Inc. (2004), 43 B.L.R. (3d) 244 at para. 81 (Ont. C.A.). 17 In re Butlin’s Settlement Trusts , [1976] Ch. 251 at 260, Brightman J. But compare Rose (Frederick E.) (London) Ltd. v. William H. Pim Jr. & Co. , [1953] 2 Q.B. 450 (C.A.). 18 (1996), 28 O.......