england-and-wales legal-terms definition trusts-and-estates
What&#39;s &quot;a disposition to trusts&quot;?
<p>The word choice of <em>disposition</em> baffles me, because in ordinary 2021 AD English, disposition means  <a href="https://www.etymonline.com/search?q=disposition" rel="nofollow noreferrer">&quot;frame of mind, attitude, inclination; temperament, natural tendency or constitution of the mind&quot;</a>.</p>
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<h3>9.3.3. Voluntary transactions made by mistake</h3>
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<p>There is an equitable jurisdiction to set aside gifts and <strong>dispositions to trusts [emphasis mine]</strong> made by deed
where the transferor had made a mistake.76 This was recognized in Lady Hood of Avalon
v Mackinnon.77</p>
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<p>76 There is no equitable jurisdiction to set aside contracts on the ground of mistake: <em>Great Peace Shipping
Ltd v Tsavliris Salvage (International) Ltd</em> [2002] EWCA Civ 1407, [2003] QB 679; <em>Van der Merwe v Goldman</em>
[2016] EWHC 790 (Ch), [2016] 4 WLR 71.<br />
77 [1909] 1 Ch 476.</p>
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<p>Virgo, <em>Principles of Equity &amp; Trusts</em> 2020 4th edn, page 281.</p>
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<p>      Although the remedy of rescission is usually relevant to set aside a contract, it is also
relevant to setting aside other transactions, including wills,92 deeds of gift, and other voluntary
settlements, such as a <strong>disposition to trusts [emphasis mine]</strong>.<sup>93</sup> Rescission is not necessary to enable
the recovery of gifts where there is no deed, since there is no transaction that needs to be
set aside.</p>
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<p><sup>93</sup> <em>Pitt v Holt</em> [2013] UKSC 26, [2013] 2 AC 108. See Section 9.3.3, p. 281.</p>
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<p>Op. cit. p 676.</p>

<p>It depends what dictionary one uses as to what definition one finds.</p>
<p>The convention in the courts of England and Wales (the jurisdiction for the cited cases) is to refer to Oxford English Dictionary - its free online version <a href="https://www.lexico.com/definition/disposition" rel="nofollow noreferrer">Lexico</a> includes this entry under &quot;Law&quot;:</p>
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<p>The distribution or transfer of property or money to someone, especially by bequest...</p>
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<p>A disposition to a trust is the funding of a trust with assets by the settlor of the trust who creates it, or by a subsequent person who adds to the trust estate (i.e. to the property owned by the trust). It is a form of donative transfer.</p>
