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Trusts & Trustees Advance Access originally published online on April 22, 2009
Trusts & Trustees 2009 15(4):221-227; doi:10.1093/tandt/ttp023
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© The Author (2009). Published by Oxford University Press. All rights reserved.

Mistake: setting aside gifts into trust1

John Rimmer*

In recent years, the so-called ‘rule in Hastings-Bass’ has allowed trustees’ mistakes to be corrected. The approach has been seen by some as liberal. The approach to gifts by settlors has been regarded as more problematic: a requirement of a mistake as to effect rather than merely consequence has been seen as a necessity to a claim to set aside the gift into trust or to rectify the documentation. Recent authorities, however, suggest that the effect versus consequence test might have seen its day, certainly as regards setting aside for mistake.

Correspondence: *John Rimmer, Partner, Dickinson Cruickshank, 33 Athol Street, Douglas, Isle of Man (www.dc.im). Tel: +01624 647696; Email: johnrimmer{at}dc.im


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