EWHC 1926 (Ch)
Barrister: Christopher Jones
Area of Law: Wills, Trusts and Probate
Summary: Christopher advised and represented the successful Claimants in their application for orders in the construction and rectification of a lifetime settlement. Conflicting provisions within the trust instrument provided that where a gift of the fund failed it should revert to the settlors, but another provision excluded the settlors from benefitting under the settlement. The Court adopted the test in Marley v Rawlings 2014 UKSC 2, and confirmed that the test for the proper construction of trusts is the same test as is applied to wills.