To Vary a Trust
A trust may be created within a Will, commonly known as testamentary trusts, or outside of a will, which are referred to as inter vivos trusts.
A Court’s Ability to Rectify a Trust Instrument or a Testamentary Trust
A trust may be created within a Will, commonly known as testamentary trusts, or outside of a will, which are referred to as inter vivos trusts.
Making a Will
Making a Will is essential. While there are always more exciting ways to spend your time, ensuring your legal Will is appropriately prepared brings a formality to your estate planning.
Will Checklist
Of all the documents you sign in your lifetime, your last will and testament is arguably the most important.
Improper Conduct: Must a Trustee Personally Bear Costs Incurred in the Administration of an Estate or Trust?
Applications to pass accounts assist in the administration of estates and trusts. The application process is an opportunity for the court to issue a decision on any issues beneficiaries may have, and address any of the Trustee’s requests.
Less Diligence Means Less Reimbursement
Trustees and guardians of represented adults need to diligently manage and record the finances of adult they oversee if they want to be reimbursed. The Applicant in Resek (Re), 2018 ABQB 497, should have heeded that advice long before he came before the Court.
How Should a Trustee Protect a Represented Adult’s Interest in Land?
In the case of D’Silva (Re), 2018 ABQB 603, Llewelyn D’Silva was appointed guardian and trustee over his adult brother, Selwyn D’Silva, in March 2010. Cledwyn D’Silva was made the alternate guardian and trustee over his brother.
Challenging a Will Comes at a Price
A would-be challenger of a will had better be sure there is some merit to their case, or they will have to pay the consequences.
Sons Take $250,000 from Accounts Days Before their Father Dies
In the recent decision of Wade v. Wade, 2021 AQB 865, the Court explained at paragraph 4 how two sons had removed $250,000 from the bank accounts of their father “via a freshly granted power of attorney, days before his death.”
Trustees Need Only Act Reasonably, Not Perfectly
NH died in December 2017, making her son, RH, her estate’s Personal Representative and its primary beneficiary. The deceased’s nieces, SK and DS, had been her Trustees for the previous three or four years.
