The word choice of disposition baffles me, because in ordinary 2021 AD English, disposition means "frame of mind, attitude, inclination; temperament, natural tendency or constitution of the mind".

9.3.3. Voluntary transactions made by mistake

There is an equitable jurisdiction to set aside gifts and dispositions to trusts [emphasis mine] made by deed where the transferor had made a mistake.76 This was recognized in Lady Hood of Avalon v Mackinnon.77

76 There is no equitable jurisdiction to set aside contracts on the ground of mistake: Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd [2002] EWCA Civ 1407, [2003] QB 679; Van der Merwe v Goldman [2016] EWHC 790 (Ch), [2016] 4 WLR 71.
77 [1909] 1 Ch 476.

Virgo, Principles of Equity & Trusts 2020 4th edn, page 281.

      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 disposition to trusts [emphasis mine].93 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.

93 Pitt v Holt [2013] UKSC 26, [2013] 2 AC 108. See Section 9.3.3, p. 281.

Op. cit. p 676.

  • Why downvote? Can you add a comment so that i know what to improve?
    – Wes
    Dec 16, 2021 at 6:11

2 Answers 2


It depends what dictionary one uses as to what definition one finds.

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 Lexico includes this entry under "Law":

The distribution or transfer of property or money to someone, especially by bequest...


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.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .