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Trusts and Estates

The “objective” construction of trusts

In Marley v Rawlings [2015] 1 AC 129 the Supreme Court held that the principles for the construction of a Will are no different to that of a commercial contract. In the years following this decision a number of lower courts have (perhaps unsurprisingly) said the same is true for lifetime settlements. In Millar v Millar [2018] EWHC 1926, a case involving a family settlement, HHJ Paul Matthews stated: “… there can be no doubt that the principles of interpretation for commercial documents … also apply to trusts and Wills.” 1 The important principle of contractual interpretation is that documents are construed objectively. In Investors Compensation Scheme v West Bromwich Building Society [1998] 1 WLR 896, 912, Lord Hoffmann explained:

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