Trustee Cannot Be in Conflict With Duty
August 21, 2017 No Comments
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
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Bare Trusts
August 8, 2017 No Comments
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
Beneficiary Trusts in Leasehold Estates
July 8, 2017 No Comments
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
Trusts: The Certainty of Intention
March 13, 2017 No Comments
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
Fiduciary Cannot Avoid Liability By Delegating
April 23, 2015 No Comments
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
Ryan Fights For the Warhol of Farrah Fawcett (worth maybe 12 million)
December 12, 2013 No Comments
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
The Use of Discretionary Trusts in Estate Planning
November 19, 2013 No Comments
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
Rebutting the Presumption of a Resulting Trust
September 23, 2013 No Comments
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
Sham Trusts and the Three Certainies
September 9, 2013 No Comments
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
Certainty of Subject Matter In Trusts
August 22, 2013 No Comments
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: