Abstract: 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.
Publication Year: 2009
Publication Date: 2009-04-22
Language: en
Type: article
Indexed In: ['crossref']
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