Warring Trustees: More isn’t Always Better

Monday, April 13th, 2015

Two recent court cases look at the perils of choosing multiple estate trustees and attorneys for property.  Often a testator will choose two or more of their children to act as co-estate trustees.   They may feel that it would offend one of their children to not appoint them as ...

What Happens to the Residue of a Trust when a Gift Over Fails?

Tuesday, February 17th, 2015

In a recent Ontario case, the Applicant, a beneficiary of a testamentary trust, sought an order declaring that the gift over of the trust was voided for uncertainty.  He also sought an order that the entire trust be paid out to him immediately.  The estate trustee took the position that ...

Testamentary Freedom and Public Policy: Spence v. BMO Trust Co.

Monday, February 9th, 2015

Today’s post is written by guest blogger Adam Parachin, Associate Professor of Law at the University of Western Ontario. In a post last summer I commented on a controversial case, McCorkill v Streed 2014 NBQB 148 (CanLII), in which Justice Grant of the New Brunswick Court of Queen's Bench took the highly ...