Ryan Fights For the Warhol of Farrah Fawcett (worth maybe 12 million)

Ryan O’Neal testifies about disputed Warhol portrait of Farrah Fawcett Love is never having to say your sorry, and that she gave me the $12 million dollar painting that I talk to each day so I own it and not the claimant University, says Ryan… Read more

The Use of Discretionary Trusts in Estate Planning

1. INTRODUCTION I always fell asleep during my law school trusts class. I could never have imagined then what an important role trusts would come to play in my day-to-day career as a Wills and Estates lawyer. I suspect that there are many other lawyers,… Read more

Rebutting the Presumption of a Resulting Trust

Dhaliwal v Ollek 2012 BCCA 86 discusses rebutting of the presumption of a resulting trust, and upholds that the recipient done bears the onus of proof, on the balance of probabilities, to rebut the presumption of a trust and to attempt to prove a gift…. Read more

Trust shams

Sham Trusts and the Three Certainies

The three certainties: certainty of intention and the issue of sham trusts In order to be valid, trusts must comply with the three certainties at the time of settlement: It is of course trite law that for a valid trust to come into existence, the… Read more

Certainty of Subject Matter In Trusts

One of the three requirements of a valid trust is the “certainty of the subject matter”, There are two elements to certainty of subject matter: First, the property which is subject to the trust must be clear. Second, the nature of the interest due to… Read more

Trustees Must Not Co-Mingle or Misuse Estate Funds For Their Own Purpose

Trustees must not co mingle or misuse estate funds or assets  for their own purposes. It is trite law that trustees are fiduciaries and must not personally use, profit from, or co-mingle estate funds with their own. If a trustee has mixed his/her own funds… Read more

Trust For Care of Deceased’s Cats Held Valid

Deceased’s Cats In Zinn v Bergen 2012 SKQB 214, the deceased left a five page typewritten will dated July 7, 2003 wherein he made several specific bequests, and asked to convert the rest and residue of the estate into cash for the purpose of initially… Read more

The Requirements of a Valid Inter Vivos Transfer to a Trust

The Requirements of a Valid Inter Vivos Transfer to a Trust   The decision Mordo v Nitting 2006 BCSC 1761 is a primary source on many aspects relating to trusts. Morodo was suing to set aside an alter ego trust settled by his mother in… Read more

Claim To Set Aside Alter Ego Trust Dismissed

Alter Ego Trusts Usher v Larabee 2010 BCSC 1608 discusses the general principles of inter vivos gifts and an alter ego trust set up by a mother, that was attacked by two sons in litigation.   The mother’s assets consisted of property in the stock… Read more

Secret Trusts

Secret trusts likely exist much more than the public believes, as after all, they are secret. WHAT ARE SECRET TRUSTS?  In Champoise v. Champoise-Prost Estate, 2000 BCCA 426(B.C. C.A.) at paras. 15-16, the Court of Appeal summarized the fundamental principles which inform the analysis:  … Read more

Presumption of Resulting Trust Rebutted By Evidence of Love and Affection

There is a presumption of resulting trust over a gift when a substantial asset is transferred for little or no consideration,-here the presumption was overcome by evidence of love and affection. Oord v Oord 2012 BCSC 1857 is the classic scenario where a well-intentioned family… Read more

Court Finds Transfer of House from Mother to Son a Valid Gift, Subject to a Life Interest of Financial Support For Mother

Transfer of House Ruff v Ruff 2013 BCSC 169 is a very interesting and creative judgment relating to the thorny question of how do the courts treat a gift of real property from a parent to an adult child, when the parent subsequently changes his… Read more

Resulting Trust Upheld re Transfer to One Child When Will Left Estate Equally

Van De Keere v. Turner 81 ETR (3d) 175 ,Manitoba Court of Appeal is important in that the court clearly recognizes that is is usually inconsistent for a parent who treats his children equally thorughout life, and his will, would have gifted %90 of his… Read more

Transfer of Land to Minor Nephew For No Consideration Upheld as Valid Gift

Transfer of Land Wong v Huang 2012 BCSC 975  involves a case where the court upheld the transfer of a haft interest in a house as joint tenants between an elderly man and his 6 year old great nephew, the grandson of the plaintiff’s brother…. Read more

The Doctrine of Knowing Receipt of Trust Assets

The doctrine of knowing receipt of trust assets is a principle of law that governs situations when a third party receives a trust property that itself has been realized through a  breach of  trust.  Simply put, a party cannot, with knowledge of a trust, receive trust property… Read more