Oakley v Osiris Trustees Limited
4th February 2008
Privy Council (Isle of Man) 14th January 2008
This case concerned a change of the proper law of a trust from Jersey to the Isle of Man and the requisite intention when making such a change.
Lord Walker, giving the majority judgment, said (at para 38) that
“… professional men are taken to intend that if they sign a document of some degree of formality (such as the resolution) it will have the legal effect which it purports to have.”
The text of the relevant resolution was unambiguous and the persons who executed it intended to change the proper law (even though one of them did not understand why it was being done) and intended the document to have legal effect.
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