Re Butlin's Settlement Trusts; Butlin v Butlin

JurisdictionEngland & Wales
Date1976
Year1976
CourtChancery Division
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105 cases
4 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 "un......
  • 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,......
  • Common Mistake, Rectification And The Danger Of Box-ticking
    • United Kingdom
    • Mondaq UK
    • 16 September 2021
    ...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......
  • Common Mistake, Rectification And The Danger Of Box-ticking
    • United Kingdom
    • Mondaq UK
    • 16 September 2021
    ...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......
5 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • 18 November 2023
    ...Inc (1989), 101 NR 147, [1990] 1 FC 221, [1989] FCJ No 950 (CA) .............................. 102 In re Butlin’s Settlement Trusts, [1976] Ch 251, [1976] 2 WLR 547, [1976] 2 All ER 483 ...................................................................................... 687 In re Regent H......
  • Table of Cases
    • Canada
    • Irwin Books Archive The Law of Equitable Remedies. Second Edition
    • 18 June 2013
    ...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......
  • Rectification
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • 18 November 2023
    ...30–31. 29 Wasauking First Nation v Wasausink Lands Inc (2004), 43 BLR (3d) 244 at para 81 (Ont CA). 30 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 QB 450 (CA). 31 Fairmont , above note 3......
  • Rectification
    • Canada
    • Irwin Books Archive The Law of Equitable Remedies. Second Edition
    • 18 June 2013
    ...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.......
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