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Millar v Millar

[2018] EWHC 1926 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Chancery Division
Year2018
StatusPersuasive authority

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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