Secret Trusts: Is It An Overlooked Plaintiff’s Remedy?

This video is about secret trust. It firstly explains what a trust is and talks about the three necessities that are required to have valid trust. But it deals with what is called secret trust.

I was counsel on the appeal of a decision called glass pool a few years ago. And what had happened and the facts of that matter was that granny called her son into the kitchen and said, “Son, I’m going to give you my oil rights to mineral rights and that upon your death, you’re going to give them to your son.” This was said in the presence of a witness.

25 years passed and the son was dying and he drew up a will leaving all of his assets to his common law wife of eight years. The only asset he owned were these mineral rights. His son that he hadn’t seen in 25 years came along and challenged that and won at trial and it was upheld by the Court of Appeal.

So even though there was nothing in writing and even though it went outside of the will, the court simply said, she wanted the oil rights to go his son. What could be more clearer than that? And that is a very good example of what a secret trust is. I’ve entitled this video “Is It An Overlooked Plaintiff’s Remedy?” because many people have similar types of stories that they really should discuss with their lawyer.

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

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