Rescinding a mistaken declaration of trust: <i>Sullivan v Sullivan</i> [2025] EWHC 1072 (Ch)

Abstract When voluntarily disposing of property, a donor may make a mistake of so serious a character that equity permits the rescission of that disposition. This equitable jurisdiction to rescind a mistaken disposition was recently considered by the High Court in Sullivan v Sullivan [2025] EWHC 1072 (Ch), a case concerning the mistaken settlement of property under trust. This case note analyses the judgment in Sullivan by reference to Pitt v Holt [2013] UKSC 26, the leading English law authority governing the rescission of mistaken dispositions. It concludes by considering the implications of Sullivan for practitioners.

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Publication Details

Journal
Trusts & Trustees
Published
2025-08-04
DOI
https://doi.org/10.1093/tandt/ttaf063
Primary Topic
Legal Education and Practice Innovations
Type
article
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article

Rescinding a mistaken declaration of trust: Sullivan v Sullivan [2025] EWHC 1072 (Ch)

Chris Hay
Trusts & Trustees
Legal Education and Practice Innovations
article

Rescinding a mistaken declaration of trust: Sullivan v Sullivan [2025] EWHC 1072 (Ch)

Chris Hay
article en

Abstract

Abstract When voluntarily disposing of property, a donor may make a mistake of so serious a character that equity permits the rescission of that disposition. This equitable jurisdiction to rescind a mistaken disposition was recently considered by the High Court in Sullivan v Sullivan [2025] EWHC 1072 (Ch), a case concerning the mistaken settlement of property under trust. This case note analyses the judgment in Sullivan by reference to Pitt v Holt [2013] UKSC 26, the leading English law authority governing the rescission of mistaken dispositions. It concludes by considering the implications of Sullivan for practitioners.

Trusts & TrusteesVol. 31(9)
Latham & Watkins (United States) (US)
Openalex Percentile: Top 65%
Legal Education and Practice Innovations
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