This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP. It was necessary for me to obtain personal information from a beneficiary of an estate this week. I needed their full legal name, social insurance number, birthdate, country of residence, and full address. While on the call,…
Tag: trust
Total 3 Posts
Trusts are tricky – they can arise in circumstances where none of the parties involved ever use the word “trust.” There is good reason for this; often the settlor of the trust and the trustee are laypeople who can describe the type of relationship they wish to create, but are…
One way for a party to set aside a trust agreement is by arguing that the settlor of a trust made a mistake about the trust. The concept, often found in contract law, is known as non est factum (note that a trust deed can be seen as a contract). The doctrine applies where…