Millar v Millar [2018] EWHC 1926 (Ch)

Christopher Jones

1 August 2018

Christopher Jones 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 will.