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Application to rectify family trust indenture dismissed due to insufficient evidence of original tax-planning intention.
The applicant settlor applied to rectify a 1992 family trust indenture, claiming it failed to reflect his original intention to allow for a tax-deferred transfer of assets to his children due to a drafting mistake by his lawyers.
The court dismissed the application, finding the applicant failed to establish his specific tax-planning intention and the alleged mistake on a balance of probabilities.
The court noted the lack of corroborating evidence from the legal advisors who drafted the trust and the ambiguity of contemporaneous documents.
