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rectificationconstructionsettlements
Millar v Millar
[2018] EWHC 1926 (Ch)
Key Principle
The Marley v Rawlings approach to construction applies to inter vivos trust deeds, so that where a settlement contains a later clause flatly contradicting earlier vesting/appointment provisions, the court will construe (and, if necessary, rectify) the instrument to give effect to the settlors' true intention, removing the inconsistent clause shown by evidence to have been mistakenly included.
Area of Law
General
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