RECTIFICATION OF A BARE TRUST THAT WASN’T BARE

In Chisholm v Chisholm (2011) WTLR 187 the Court agreed to rectify a deed of trust under which the beneficiary’s entitlement was delayed until age 25. Although this was what the settlor wanted, it also meant that a relevant property settlement was created – which is not what the settlor wanted, as the settlor’s intention was to make a PET by creating a bare trust.

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