Trustee Cannot Be in Conflict With Duty

Trustee Cannot Be in Conflict With Duty

Equity will not allow a person who is in a position of trust to carry out a transaction where there is a conflict between his or her duty and his or her interest. It is a rule of universal application that no trustee shall be… Read more

The Liability and Duties of a Trustee of Bare Trust

Bare Trusts

Scoretz v Kensam Enterprises Inc 2017 BCSC 1356 was an action for breach of trust brought by the beneficiary of a bare trust  and discusses the liability and duties of a trustee of a bare trust. The Court found that the trustee was liable in… Read more

Beneficiary Trusts in Leasehold Estates

Beneficiary Trusts in Leasehold Estates

Pallot v Douglas 2017 BCCA 254 discusses the interest of a beneficiary of a trust in a decision that held that the beneficiary of a leasehold interest in a trust does not have the standing to partition the property and force a sale. This is… Read more

Trusts: The Certainty of Intention

Trusts: The Certainty of Intention

In order to create a valid trust the  “three certainties” must be present- the certainty of the intention to  impose enforceable trust obligations on the trustee, the certainty of the subject matter to be included in the trust and the certainty of objects, a clearly… Read more

Fiduciaries-cannot-delegate

Fiduciary Cannot Avoid Liability By Delegating

The Sas Law Society reasons for judgment re unprofessional solicitor conduct, repeated a basic rule of trusts-( 2015 LSBC 19, April 20,2015  at paragraph 220)- a trustee cannot avoid liability by using the defence of having delegated core authority  to an employee. The exception would only be… Read more

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